How can I figure out the specific procedures for challenging a denial to government-assisted housing?

The notice will tell you the specific procedure for challenging the denial for that particular housing program. The first step in challenging any denial, however, is always to submit a WRITTEN request for a review hearing, where you can fight the denial. By law, you almost always have the right to a review of denial from government-assisted housing.[1356]

The notice of denial will tell you who to send the written request for a review hearing to AND when you need to do it (the timing deadline by which you have to challenge the denial).[1357] The time frames must be “reasonable”—which usually means within 10-30 days.[1358] Follow the deadlines that you are given!

In sum, if you were denied from housing because of your record and you want to fight it, your first step will be to request a review hearing in writing, and you always should. ALWAYS ASK FOR A HEARING WITHIN THE DEADLINE LISTED ON YOUR DENIAL NOTICE—and follow all of the procedures the notice gives you!

IMPORTANT! ASK YOUR SUPPORTERS TO COME TO THE HEARING WITH YOU! If there are individuals who are willing to accompany you to your hearing and testify (talk about how your circumstances have changed and to support your housing application), their attendance can help!

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  1. 1356

    See, e.g., 42 U.S.C. § 1437d(c)(4) (public housing); 24 C.F.R. §§ 882.514(f) (Section 8 moderate rehabilitation), 960.208(a) (public housing), 982.554 (voucher) 880.603(b)(2) (Section 8 new construction); 7 C.F.R. § 3560.160(f)-(g) (rural development pro- gram); HUD, Public Housing Occupancy Guidebook, ¶ 4-9) (June 2003) (informal hearing is distinct from a public housing grievance hearing); see also Ressler v. Pierce, 692 F.2d 1212, 1215 (9th Cir. 1982) (applicants for project–based Section 8 had a sufficient property interest to give rise to due process procedural safeguards); Holmes, 398 F.2d at 265 (due process requires ascertainable standards for admission); Eidson v. Pierce, 745 F.2d 453 (7th Cir. 1984) (applicants for Section 8 new construction projects lack sufficient property interest for due process protections).

  2. 1357

    Holmes v. N.Y. City Hous. Auth., 398 F.2d 262, 264 (2nd Cir. 1968); Billington v. Underwood, 613 F.2d 91 (5th Cir. 1980), and subsequent opinion, Billington v. Underwood, No. 81-7978, 707 F.2d 522 (11th Cir. May 23, 1983); see also Vance v. Hous. Opportunities Comm’n, 332 F. Supp. 2d 832 (D. Md. 2004) (mentally disabled tenant challenged a termination from Supportive Housing program and denial of reinstatement based on various procedural deficiencies; court preliminarily ordered reconsideration of reinstatement request and new hearing on termination with other procedural protections).

  3. 1358

    See, e.g., 24 C.F.R. § 5.514(e)(1) (applicants for federally assisted housing rejected because of rules regarding immigration statutes have 30 days from notice to request grievance hearing); 7 C.F.R. § 3560.154(e) (Rural Development housing notice must be delivered by certified mail return receipt requested or hand-delivered letter with signed receipt by applicant and inform denied applicant of the right to respond within 10 calendar days after date of notice and right to hearing available upon request), whereas, 7 C.F.R. 3560.160(h) states notice must be given of the right to respond within 10 days after receipt of notice (emphasis added); HUD, Occupancy Requirements Of Subsidized Multifamily Housing Programs ¶ 4-9(C)(2)(b) (rev. November 2013) (notice must inform applicant of right to respond in writing or to request a meeting within 14 days of rejection); HUD, Public Housing Occupancy Guidebook, App. VIII (Applicant Notice of Rejection) (June 2003) (request informal hearing within 10 days); see also Samuels v. District of Columbia, 669 F. Supp. 1133, 1140 (D.D.C. 1987) (10-day period for a tenant to seek grievance hearing is unreasonably short).