[Code of Federal Regulations]
[Title 24, Volume 4]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 24CFR982.554]

[Page 613]
 
                 TITLE 24--HOUSING AND URBAN DEVELOPMENT
 
CHAPTER IX--OFFICE OF ASSISTANT SECRETARY FOR PUBLIC AND INDIAN HOUSING, 
               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
 
PART 982--SECTION 8 TENANT BASED ASSISTANCE: HOUSING CHOICE VOUCHER PROGRAM--Table of Contents
 
   Subpart L--Family Obligations; Denial and Termination of Assistance
 
Sec. 982.554  Informal review for applicant.

    (a) Notice to applicant. The PHA must give an applicant for 
participation prompt notice of a decision denying assistance to the 
applicant. The notice must contain a brief statement of the reasons for 
the PHA decision. The notice must also state that the applicant may 
request an informal review of the decision and must describe how to 
obtain the informal review.
    (b) Informal review process. The PHA must give an applicant an 
opportunity for an informal review of the PHA decision denying 
assistance to the applicant. The administrative plan must state the PHA 
procedures for conducting an informal review. The PHA review procedures 
must comply with the following:
    (1) The review may be conducted by any person or persons designated 
by the PHA, other than a person who made or approved the decision under 
review or a subordinate of this person.
    (2) The applicant must be given an opportunity to present written or 
oral objections to the PHA decision.
    (3) The PHA must notify the applicant of the PHA final decision 
after the informal review, including a brief statement of the reasons 
for the final decision.
    (c) When informal review is not required. The PHA is not required to 
provide the applicant an opportunity for an informal review for any of 
the following:
    (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) An 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) An PHA determination that a unit selected by the applicant is 
not in compliance with HQS.
    (7) An PHA determination that the unit is not in accordance with HQS 
because of the family size or composition.
    (d) Restrictions on assistance for noncitizens. The informal hearing 
provisions for the denial of assistance on the basis of ineligible 
immigration status are contained in 24 CFR part 5.

(Approved by the Office of Management and Budget under control number 
2577-0169)

[60 FR 34695, July 3, 1995, as amended at 60 FR 45661, Sept. 1, 1995; 61 
FR 13627, Mar. 27, 1996; 64 FR 26650, May 14, 1999]