Reasons for the termination hearing procedures
CHAPTER 13: TERMINATION OF ASSISTANCE
1. Definitions.
A. Drug-related criminal activity.
Drug-related criminal activity shall include, but not be limited to, the following:
a) The manufacture, sale, distribution, or use, or the possession with intent to manufacture, sell, or distribute a controlled substance, as defined in section 102 of the Controlled Substances Act (21 U.S.C. § 802);
B. Violent criminal activity.
Violent criminal activity includes any criminal activity that has as one of its elements the use, attempted use, or threatened use of physical force against the person or property of another.
C. Termination due to domestic violence.
See Chapter 1, section 2(E) for restrictions regarding the termination of a participant who may be a victim of domestic violence, dating violence, sexual assault, or stalking.
2. Mandatory termination.
The following chapter outlines the program violations for which the NBHA may terminate a family’s assistance. Certain program violations allow the NBHA to use its discretion in deciding whether or not to terminate the family’s assistance. The following are a list of program violations which require the NBHA to terminate the family’s assistance:
A. Eviction for lease violations.
The NBHA must terminate program assistance for a family evicted from federally assisted housing for serious violations of the lease. The NBHA will use its discretion to determine which lease violations are serious.
B. Consent forms.
The NBHA must terminate the assistance of a participant if any family member fails to sign the consent forms as required in 24 CFR part 5, subparts B and F or other consent forms reasonably required by the NBHA.
C. Evidence of citizenship.
The NBHA must terminate assistance if the participant has failed to submit evidence of eligible immigration status or a form certifying that a family member does not wish to claim eligible citizen or non-citizen status for each family member, or because the applicant or participant cannot provide evidence of citizen, national, or eligible non-citizen status for at least one family member pursuant to 24 CFR part 5 (See chapter 5 section 5.6 for requirements for evidence of citizenship and immigration status).
D. Manufacture of Methamphetamine.
The NBHA must terminate assistance if a participant has ever been convicted of drug-related criminal activity as a result of manufacture or production of methamphetamine on the premises of federally assisted housing. The premises include the dwelling, common areas, and grounds.
3. Discretionary termination.
The Director of Leased Housing or his or her designee may use discretion at any time (before or after an informal hearing) to decide whether or not to terminate a family’s assistance for any of the program violations listed in this section.
A. Consideration of circumstances.
The NBHA will use the following non-exhaustive list when using its discretion to decide whether or not to terminate the subsidy:
a) Consideration of circumstances generally. The NBHA has the discretion to consider all of the circumstances in each case including, but not limited to, the seriousness of the offense, the extent of the criminal history, the extent of participation by family members, and the effects that termination will have on family members not involved in the alleged activity.
b) Reasonable accommodation. The NBHA shall consider a request for reasonable accommodation by a participant who has a disability, has a record of a disability, or is perceived as having a disability. The NBHA will follow its reasonable accommodation policy to determine whether or not an accommodation should be made for a participant who is a disabled person.
c) Mitigating circumstances. The NBHA shall consider mitigating circumstances such as active participation in, or completion of, a supervised drug treatment program.
d) Termination of a portion of the family. The NBHA may, in its discretion, terminate only certain members of the family, if there is sufficient evidence that the family member who engaged in the alleged activity will not reside in the unit or if the head of household certifies that the family member who engaged in the alleged activity will not reside in the unit.
e) Domestic violence. The NBHA may consider an incident or incidents directly related to domestic violence, dating violence, sexual assault, or stalking as mitigating circumstances.
B. Eviction from federally assisted housing.
If any member of the family has been evicted from federally assisted housing for serious or repeated lease violations in the past five years, the NBHA may terminate a tenant from the program upon learning of such eviction or lease violations.
C. Termination of assistance.
If the NBHA or any public housing authority has ever terminated assistance under the program or other program for any member of the family, the NBHA may terminate a tenant from the program upon learning of such previous termination.
D. Debt to housing authority.
The NBHA may determine an applicant ineligible or terminate a participant if:
a) The family currently owes rent or other amounts to the NBHA or another public housing authority in connection with Section 8 Program, public housing assistance under the U.S. Housing Act of 1937, or any other publicly assisted housing program.
b) The participant as a previous or current participant in the Section 8 program has not reimbursed the NBHA or another public housing authority for amounts paid to an owner under a contract for rent or other amounts owed by the family under the lease.
c) If the family breaches an agreement with the NBHA to pay amounts owed to the NBHA, or amounts paid to an owner by the NBHA.
E. Fraud.
The NBHA shall determine an applicant ineligible or shall terminate a participant if:
a) If any member of the family has committed fraud, bribery, or any corrupt criminal act in connection with any Federal housing program.
b) Fraud shall include, but not be limited to, the following:
i. Failure to report changes in income within 30 days.
ii. Misrepresentation of income.
iii. Failure to report changes in family composition or occupants of the unit.
iv. Misrepresentation of family composition or occupants of the unit.
c) When a participant has failed to accurately report his/her family composition and income information or falsely verifies said information resulting in the NBHA overpaying a subsidy on his or her behalf the participant must repay these monies to the NBHA. A Section 8 participant is obligated to pay money owed to the NBHA as a condition of continued participation in the program.
i. The family must either pay the amount owed in full within thirty (30) days of the NBHA determination of debt; or
ii. Enter into a repayment agreement and abide by its terms.
d) Terms of the Agreement
i. The maximum term of a repayment agreement should not exceed thirty-six (36) months. A waiver of up to twenty-four (24) additional months may be granted by an NBHA Leased Housing director or his/her designee for verifiable mitigating circumstances.
ii. Monthly Payments – the monthly payment is set at the discretion of the NBHA, so that the debt in full will be satisfied within the thirty-six (36) month period. However, the monthly payment combined with the participant’s monthly share of his/her rent may not exceed 40% of his/her monthly adjusted income. The participant may make a lump sum payment up front to reduce his/her monthly obligation.
e) Missed Payments
i. If a participant misses a total of two payments at any time during the term of the repayment agreement, he/she is in default of the agreement and the NBHA will proceed with termination upon notice to the participant.
ii. If the participant pays the entire debt in full or the participant becomes current with the repayment agreement, prior to the date of the termination hearing, Leased Housing may decide to withdraw its proposed termination.
f) The NBHA is not obligated to enter into a repayment agreement with a participant. The NBHA may terminate assistance to a family for reasons including, but not limited to: 1) fraud; 2) refusing to enter into a repayment agreement; and/or 3) any violation of family obligations, including fraud.
g) If a participant’s assistance is terminated and/or a participant has failed to abide by any repayment agreement, the NBHA may take all necessary steps to collect monies owed including referring the matter to a third-party debt collector, reporting monies owed to EIV and/or legal action.
h) The NBHA will not enter into a repayment agreement if there is already a repayment agreement in place with the family or if the amount of debt owed by the family exceeds the Federal or State threshold for criminal prosecution.
F. Drug related criminal activity
The NBHA may terminate assistance for a participant family if the NBHA determines that any family member is currently engaged in:
a) Any illegal use of a drug; or
b) A pattern of illegal use of a drug which interferes with the health, safety or right to peaceful enjoyment of the premises by other residents.
Note: The NBHA may not deny or terminate assistance for past use or possession of a controlled substance by a family member if the family member can demonstrate that (s)he has an addiction, has a record of an addiction, or is regarded as having an addiction to a controlled substance, and can demonstrate that (s)he is in recovery from any such addiction, and does not currently use or possess controlled substances. The NBHA may require a family member who has engaged in the illegal use of a controlled substance to submit evidence of participation in, or successful completion of, a treatment program as a condition to being allowed to reside in the unit.
G. Alcohol abuse.
The NBHA may terminate assistance for a participant family if the NBHA determines the participant’s or a family member’s abuse or pattern of abuse of alcohol may threaten the health or safety of, or the right to peaceful enjoyment of the premises by other residents.
a) A participant’s dependency on alcohol will not help to mitigate violations of the participant’s requirement to meet the obligations of the program.
b) The NBHA may require a family member whose abuse or pattern of abuse of alcohol has threatened the health or safety of, or the right to peaceful enjoyment of the premises by other residents to submit evidence of participation in, or successful completion of, a treatment program as a condition preceding being allowed to reside in the unit.
H. Behavior towards NBHA staff.
The NBHA may determine an applicant ineligible or terminate a participant if a family member has engaged in or threatened abusive or violent behavior towards NBHA personnel.
I. Violation of family obligations.
The NBHA may determine an applicant ineligible or terminate a participant if the participant has violated any family obligation under the program by action or failure to act as set forth in 24 CFR § 982.551.
4. Termination of assistance due to lack of adequate funding.
A. Background.
The NBHA is prohibited from assisting families over either its annual baseline number of vouchers per its approved Annual Contributions Contract (ACC) with HUD or its annual Housing Assistance Payments (HAP) budget authority from HUD. In the event that the NBHA’s annual HAP budget authority is reduced to an amount that will no longer support the number of families currently participating in the program, the NBHA shall determine the number of families that must be terminated from assistance due to the lack of adequate funding from HUD. The NBHA shall follow the steps outlined in this section in terminating assistance to families.
B. Excluded families.
A family in any of the following categories shall be excluded from any termination of assistance due to lack of funding from HUD:
a) Elderly family,
b) Disabled family,
c) Families who are Project-Based Voucher participants as long as the HAP contract for the site remains in effect,
d) Families participating in the VASH program as long as the VASH program is fully funded,
e) Any family that is under an agreement in the homeownership program, if any, or subject to a NBHA relocation agreement.
C. Determining families to be terminated.
The NBHA shall terminate the HAP contract on behalf of a family based upon their date of admittance to the program. For this purpose, the NBHA shall consider the family’s original lease date under the NBHA’s Section 8 Program to be their date of admittance to the HCVP. The family that was first admitted to the program, according to their lease date, shall be the first to have assistance terminated due to the lack of adequate funding from HUD. The NBHA will refer terminated families to appropriate agencies to find available housing.
D. Resumption of terminated subsidies.
The NBHA will reissue a voucher to Families, where the HAP contract has been terminated due to lack of funding only when funding is restored to levels adequate to support the resumption of additional HAP payments. The NBHA will do so by the participants’ admittance dated (original lease date) beginning with the most recent admittance date to the oldest admittance date.
5. Family obligations.
A. Tenants informed of family obligations.
a) The NBHA will supply the family with a written description of the family obligations.
b) The head of household will sign the family obligations at each annual recertification to certify that he/she understands and will comply with the obligations of the program.
B. HCVP family obligations.
Participants in the HCVP must follow the family obligations. Violation of the family obligations by an act or a failure to act may result in termination of assistance. This section states the obligations of a participant family under the program.
a) Supplying required information.
i. The family must supply any information that the NBHA or the Department of Housing and Urban Development (HUD) determines necessary in the administration of the program, including submission of required evidence of citizenship or eligible immigration status as required by federal regulations. “Information” includes any requested certification, release or other documentation.
ii. The family must supply any information requested by the NBHA or HUD for use in a regularly scheduled re-examination of family income and composition in accordance with HUD requirements.
iii. The family must disclose and verify social security numbers (as provided by part 5, subpart B of 24 CFR) and must sign and submit consent forms for obtaining information in accordance with part 5, subpart B of 24 CFR.
iv. The family must report any changes in family income within 30 days. Failure to report changes in income may result in a retroactive rent increase or possibly termination from the program.
b) HQS Breach Caused by family. The NBHA may terminate a participant from the Section 8 program for life-threatening HQS violations that the participant does not correct within 24 hours. The NBHA may terminate assistance for non-life-threatening HQS violations that the family does not correct the violation within 30 days. The NBHA may also terminate a participant under this provision for one or more of the following reasons:
i. The family fails to pay for any utilities that the owner is not required to provide, but which are to be paid by the tenant.
ii. The family fails to provide and maintain any appliances that the owner is not required to provide, but which are to be provided by the family.
iii. If any family member or any guest damages the dwelling unit or common areas beyond ordinary wear and tear. An action for termination under this provision may be commenced for one or more of the following reasons:
(a) A NBHA inspector determines that the damage was a result of intentional or reckless conduct. For the purpose of this section “reckless conduct” shall be
defined as rash, heedless, wanton conduct; acting with indifference and/or disregard to the possibility or probability of causing damage to property of the Section 8 family or the property of any other residents;
(b) The damage was of such an extreme nature. The following factors may serve as a guideline to determine whether damage is considered to be extreme:
(i) Number of identified areas damaged within the unit.
(ii) The degree of damage beyond normal wear and tear.
Note: The examples above are not exclusive and a variety of authentic data relating to the damage/incident may be used either together or individually to determine if damage is extreme.
c) Allowing NBHA inspection. The family must allow the NBHA to inspect the unit at reasonable times and after reasonable notice.
d) Violation of lease. The family may not commit any serious or repeated violation of the lease.
e) Family notice of move or lease termination. The family must notify the NBHA and the owner before the family moves out of the unit or terminates the lease on notice to the owner. The family must give the NBHA a copy of the thirty-day notice of termination that the family gave to the owner before the family can move to a new apartment with assistance.
f) Owner eviction notice. The family must promptly give the NBHA a copy of any owner eviction notice. Promptly means within two weeks of receiving the eviction notice for the purposes of this section.
g) Use and occupancy of the unit.
i. The family must use the assisted unit for residence by the family. The assisted unit must be the family’s only residence.
ii. All family members residing in the unit must be approved by the NBHA. The family must promptly notify (within 30 days) the housing authority of the birth, adoption, or court-awarded
custody of a child. The family must request and receive NBHA approval before adding any other family member as an occupant of the unit. No person other than members of the assisted family may reside in the unit, except a foster child or a personal care attendant.
iii. The family must promptly notify NBHA (within 30 days) that a family member no longer resides in the unit.
iv. If the NBHA has given approval, a foster child or a personal care attendant may reside in the unit. See also the definition of family in Chapter 17: Glossary.
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v. A family member may engage in legal profit-making activities in the unit, but only if such activities are incidental to the primary use of the unit for residence by members of the family and comply with all local zoning laws.
vi. The family must not sublease or let the unit.
vii. The family must not assign the lease or transfer the unit.
h) Absence from the unit. The family must supply any information or certification requested by the NBHA to verify that the family is living in the unit or relating to a family absence of the unit, including any NBHA requested information or certification regarding family absences. The family must cooperate with the NBHA for this purpose. The family must promptly notify (within 30 days) the NBHA of an absence from the unit. Absence means that no approved member of the family resides in the unit for a period of 30 or more days whether or not the family intends to return to the unit. Absence also means that no approved member of the family resides in the unit for any period of time and no member intends to return to the unit.
i) Interest in the unit. The family must not own or have an interest in the unit.
j) Fraud and other program violation. The members of the family must not commit fraud, bribery, or any other corrupt criminal act in connection with the programs.
k) Crime by family members. The members of the family may not engage in drug-related criminal activity or violent criminal activity or other criminal activity that threatens the health, safety, or right to peaceful enjoyment of other residents and persons residing in the immediate vicinity of the premises.
l) Alcohol abuse by family members. The members of the family must not abuse alcohol in a way that threatens the health, safety, or right to peaceful enjoyment of other participants and persons residing in the immediate vicinity of the premises.
m) Other housing assistance. An assisted family, or any member of the family, may not receive Section 8 tenant-based assistance while receiving another housing subsidy, for the same unit or for a different unit, under any duplicative (as determined by HUD or in accordance with HUD requirements) federal, state, or local housing assistance program.
n) Agreements with landlord outside lease. No family member may make any agreement with the landlord for the payment of additional money to the landlord not contained in the lease unless such agreement is added to the lease and approved by the NBHA. Additionally, the tenant may not agree to receive payment from the landlord or receive a reduction in tenant’s share of the rent for any reason without the approval of the NBHA.
6. Procedure for terminating assistance.
A. Consideration of circumstances.
In determining whether to terminate assistance because of action or failure to act by members of the family:
a) The NBHA may consider all relevant circumstances, such as the seriousness of the violation, the extent of participation or culpability of individual family members, mitigating circumstances related to the disability of a family member, the role of domestic violence, dating violence, sexual assault or stalking, and the effects of the termination of assistance on other family members who were not involved in the violation(s).
b) The NBHA may impose, as a condition of continued assistance for other family members, a requirement that family members who participated in or were culpable for the action or failure to act will not continue to reside in the unit. The NBHA will impose this requirement by removing the family member from the family composition and having the head of household sign an agreement stating that the person who violated the program rules will not visit or reside in the assisted unit or visit in the assisted unit. A failure to keep this agreement may result in termination.
c) If the family includes a disabled person, the NBHA decision to terminate may be subject to consideration of a request for reasonable accommodation. The NBHA will inform every family subject to termination of their right to request a reasonable accommodation under the NBHA’s reasonable accommodation policy.
B. Proposed termination notice.
The NBHA will send the family a notice of proposed termination (by first class and certified mail). The notice will contain a brief statement with the reason for the proposed termination. The notice will also explain the family’s right to request an informal hearing in writing, if they disagree with the NBHA basis for termination. The notice will provide a date that the proposed termination will occur if a hearing is not requested or if the hearing officer upholds the NBHA decision to terminate. Notice of proposed termination will be provided to the owner but shall not provide the reasons for termination.
If the Certified Mail is returned to the NBHA with a return receipt indicating that delivery was attempted by the USPS but that the addressee failed to pick up the certified mail, AND the first-class mail is NOT returned, the notice will be considered received.
C. Failure to respond to termination notice.
If the family fails to respond in writing within 20 days (30 days under HUD’s non-citizen rule), the NBHA shall terminate the housing assistance in accordance with the termination notice. The NBHA will grant a request for a hearing when a participant submits a late request but submits evidence of compelling circumstances that prevented the participant from requesting a hearing within 20 days.
D. Reinstatement after failure to request a hearing.
If the failure to request a hearing within 20 days is due to a documented disability, the NBHA will reinstate the subsidy until such time as the hearing occurs.
E. Private conference.
Prior to sending notice of proposed termination, the NBHA will use its discretion to schedule a private conference with a family in an attempt to acquire facts regarding the alleged violation(s). The NBHA has no obligation to schedule a private conference. If a family fails to attend a private conference the NBHA may choose to terminate.
7. Informal hearings for participant families.
A. When an informal hearing must be offered to a family.
The NBHA shall offer a family participating in the program an informal hearing for the following reasons:
a) A determination of the family’s annual or adjusted income, and the use of such income to compute the housing assistance payment;
b) A determination of the appropriate utility allowance (if any) for tenant-paid utilities from NBHA allowance schedule;
c) A determination of the family unit size under the NBHA subsidy standards;
d) A determination to terminate assistance for a participant family because of the family’s action or failure to act;
e) A determination to terminate assistance because the family has been absent from the assisted unit for longer than maximum period permitted under NBHA policy and HUD rules;
f) A determination to deny a reasonable accommodation;
g) A determination to deny assistance under the NBHA’s residual family policy;
h) A determination of ineligibility for continued assistance.
B. When an informal hearing is not required.
The NBHA is not required to provide a participant family an opportunity for an informal hearing for any of the following:
a) Discretionary administrative determinations by the NBHA.
b) b) General policy issues or class grievances;
c) Establishment of the NBHA schedule of utility allowances for families in the program;
d) A NBHA decision not to approve an extension or suspension of a voucher term;
e) A NBHA determination not to approve a unit or tenancy;
f) A NBHA determination that an assisted unit is not in compliance with HQS;
g) A NBHA determination that the unit is not in accordance with HQS because of the family size;
h) Failure to request a Final Voucher within 20 days of vacating a subsidized unit.
i) A NBHA determination to exercise or not to exercise any right or remedy against the owner under a HAP contract.
C. Notice to the family to request an informal hearing.
a) In the cases described above in section 7, the NBHA will notify the family of the basis for the NBHA determination. The NBHA will notify the family in writing that the family may request an informal hearing within 20 days.
b) In the cases described above in section 7, the NBHA will notify the participant as explained in section 6.
D. Expeditious hearing process.
The NBHA will hold a hearing and issue a decision promptly, but no later than 6 months from the date the hearing request was made. The family will continue to receive assistance while a decision is pending.
E. Hearing procedures.
a) The NBHA will grant a request for a hearing when a Participant submits a late request, together with evidence of compelling circumstances that prevented the Participant from requesting a hearing within twenty (20) days. Late requests will be considered by the NBHA for thirty (30) days beyond the initial appeal period.
b) Scheduling. The NBHA will schedule an informal hearing upon the receipt of a participant’s written request. The participant will be given at least 10 days’ notice prior to the hearing date.
c) Discovery.
i. The NBHA will give the family the opportunity to examine before the hearing, any documents in NBHA’s possession that are directly relevant to the hearing. The NBHA will allow the family to make copies of the relevant documents before the hearing at the family’s expense. The NBHA will also allow a representative of the family with an authorized release may have access to the file. If the NBHA does not make the document available to the family for examination upon request, then the NBHA may not rely on the document at the hearing.
ii. The family must allow the NBHA to examine any family documents that are directly relevant to the hearing before the hearing upon request. The family must allow the NBHA to examine the relevant documents at the NBHA, and the family will allow the NBHA to copy the relevant documents at the NBHA’s expense. If the family does not make the document available to the NBHA for examination upon request, then the family may not rely on the document at the hearing.
iii. Either party may request an extension if required to rebut documents that were not provided to the opposing party prior to the hearing. Extensions will be granted at the discretion of the hearing officer.
d) Amendments to proposed terminations. If the NBHA wishes to amend the grounds for the proposed termination, the NBHA must notify the participant of the amendment in writing, not less than 10 days prior to the hearing date. The amendment will be sent by regular and certified mail to the participant’s address of record. When sending out an amended proposed termination notice, the amended notice shall state all violations. If the participant has already requested a hearing due to the original proposed termination, a request for a hearing due to the amended notice is not required.
e) Representation of family. At its own expense, the family may be represented by a lawyer or other representative of the family’s choice.
f) Evidence. The NBHA and the family will each be given the opportunity to present evidence and question any witnesses. The hearing officer may consider evidence without regard to admissibility under the rules of evidence applicable to judicial proceedings.
g) Hearing file. The hearing file shall consist of all documents submitted by either party in relation to the subject of termination. The NBHA will maintain audio recordings of all termination hearings. Upon receipt of the decision of the hearing officer, the decision and all documents shall be transferred into the tenant file.
h) Hearing officer. Any designated NBHA employee may conduct the informal hearing, other than a person who made the decision under review or his or her subordinate. An independent non-employee of the NBHA may also conduct the informal hearing as hearing officer. The person who conducts the hearing may regulate the conduct of the hearing in accordance with the NBHA’s hearing procedures.
i) Extensions. The hearing officer may use discretion to grant an extension or continue the hearing to hear additional evidence or testimony.
j) Issuance of decision. The hearing officer shall make a factual determination relating to the individual circumstances of the participant based on a preponderance of the evidence presented at the hearing. The hearing officer shall take into consideration all relevant circumstances and any mitigating circumstances presented by the participant. The hearing officer shall promptly render a written decision (within 6 months of the family’s request for a hearing) stating briefly the reasons for the decision. The hearing officer will send a copy of the decision to the family by certified mail or first-class regular mail. The hearing officer will also forward a copy of the decision to the Leased Housing Department of the NBHA.
k) Default and Rescheduling. The NBHA will issue a Default if the Participant does not appear within 15 minutes of the scheduled time and did not submit a written request to reschedule prior to the hearing. A hearing may be rescheduled once for any reason without verification, provided that a written request is submitted on or before the date of the hearing. Second and subsequent reschedule requests must be supported by evidence of compelling circumstances that would prevent the participant attending. Reschedule requests submitted after the hearing date must be submitted within thirty (30) days of the hearing date and the NBHA may terminate the subsidy if the Participant does not attend the hearing and does not attempt to reschedule.
l) Compelling Circumstances – when analyzing whether or not a participant’s reasons for requesting a late hearing or failing to attend a hearing are compelling, the NBHA will consider the written facts or circumstances submitted by the participant together with any documentary evidence in support of his/her request. The determination will be based on the following factors:
i. How quickly the participant has attempted to remedy the request/default;
ii. The nature of the participant’s explanation;
iii. Whether or not the participant could have prevented the untimeliness; and, (4) whether or not granting a late hearing/removing default would produce a harsh or unfair result.
Please Note the review will be based solely on the documents submitted, no hearing will be scheduled to determine compelling circumstances.
Failure to receive the proposed termination notice or hearing notice will not be considered a compelling circumstance if the Participant did not receive the notice because of his/her failure to provide the NBHA the correct and most current address. If the proposed termination/hearing notice was sent via certified mail and first class mail and is returned to the NBHA with a return receipt indicating that delivery was attempted by USPS but that the addressee failed to pick up the certified mail AND the first-class mail was not returned as undeliverable, the notice will be considered received and the NBHA may terminate the subsidy.
m) Effect of decision.
i. If the decision to terminate the family’s assistance is upheld, the family will no longer receive assistance under the section 8 program. There is no additional within the NBHA to appeal the hearing officer’s decision and the NBHA will promptly send the Owner and the Participant a notice of termination.
ii. If the decision to terminate the family’s subsidy is reversed, the family will continue to receive assistance under the Section 8 program and will be considered a tenant in good standing.
iii. The Director of Leased Housing or his or her designee may find that the NBHA is not bound by an informal hearing decision:
(a) Concerning a matter for which the NBHA is not required to provide an opportunity for an informal hearing, or that exceeds the authority of the person conducting the hearing, or
(b) Is contrary to HUD regulations or requirements, or otherwise contrary to federal, State or local law. Under such circumstances, the Director of Leased Housing or his or her designee will make the determination to continue or terminate participant’s assistance. The NBHA will promptly notify the participant of the determination, and of the reasons for the determination. There will be no further opportunity within the NBHA to appeal the decision.
iv. The NBHA may use its discretion to overturn a hearing that was “upheld” if the reason for termination was discretionary. If the NBHA overturns an “upheld” hearing, it does not have to meet the requirements listed in section (3) above.