What can I expect at the review hearing? And how can I prepare?

THE HEARING:

After you have sent in a written request for a review hearing, it is important to prepare. At the informal hearing or review, it is important to show the PHA or owner of the government-assisted housing that they should not have denied you the housing because of mitigating circumstances and.or proof of rehabilitation (see PG. 371), a disability that requires a reasonable accommodation (see Appendix E, PG. 419), or a mistake in the criminal records that the PHA or owner used (see CLEANING UP YOUR CRIMINAL RECORD CHAPTER, PG. 939). Before the informal hearing/review, you should:

    Ask the PHA or owner for all documents and information regarding the denial of your housing application, including a copy of the criminal records it relied upon to deny you.[1359]
    Get a copy of your criminal record yourself to make sure it is correct. (For information on how to do this, see CLEANING UP YOUR CRIMINAL RECORD CHAPTER, PG. 950).
    Compare your criminal record with the information the PHA or owner used to deny you.
    At the same time, you will want to work on fixing any mistakes in the records used by the PHA or owner—or showing documentation of the errors. Records often have mistakes and you shouldn’t be denied housing for an error.[1360] (See CLEANING UP YOUR CRIMINAL RECORD CHAPTER, PG. 944.) This can take time, so you should act fast, and ask the PHA and/or owner of the government-assisted housing to hold the unit while you collect the documents you need.
    Review your application & be prepared to talk about important differences.
    Make sure you know what you wrote on your application about your criminal record, illegal drug use, or whatever it was that made you get denied for the housing. For example, what did you say in response to the question about your convictions? What did you say about your illegal drug use? Whom did you say would live in your household? If the answer you gave on your application is not exactly the same as the answer you would give today, you must be able to explain why. If you didn’t include certain information about your criminal record in your application to the PHA or owner, you will have to explain why it was left out. Or if you said that a certain relative would be living with you who is not, you need to explain what has changed.

IMPORTANT: If you were denied under a ban that is allowed but not required, you will want to prove to the PHA or owner that there are mitigating circumstances or evidence that you have changed and rehabilitated since the time of your offense.

If you were denied because of your criminal history, you should present evidence of rehabilitation to show the PHA you are not a threat to the health or safety of other residents, PHA staff or contractors. This includes all the letters and documents you can think of that will show how you have changed and grown since your negative conduct. You should get any of the following: letters of support.[1361] Ask people who have supported you through reentry—like your current employer, a teacher, probation officer, social worker, neighbors, current or prior landlords, and community leaders-- to write a letter of support on your behalf. The letters should emphasize:

    How your circumstances have changed since the negative conduct/ offense,
    That you are a good person who gets along well with others,
    That you are motivated to improve your life, and
    Your good performance or attendance record if you are in school or working.
  1. 1359

    For the USDA rural housing programs, applicants who have been denied housing and choose to file grievances are entitled to examine the records that a borrower plans to rely upon to defend the admission decision. 7 C.F.R. § 3560.160(g)(4) (Rural Development housing); see also, HUD, Public Housing Occupancy Guidebook, App. VIII (sample Applicant Notice of Rejection) (June 2003) (offers applicant the opportunity to review applicant file); See Chapter 3 for a discussion of special federal rules regarding access to criminal records by PHAs and owners. In the event that the denial is based upon criminal record information obtained by a PHA (including lifetime sex offender registration) in accordance with the federal statute, the PHA has an obligation to provide the applicant a copy of that record.

  2. 1360

    Sharon M. Dietrich, When “Your Permanent Record” Is a Permanent Barrier: Helping Legal Aid Clients Reduce the Stigma of Criminal Records, 41 Clearinghouse Rev. 139 (July-Aug 2007).

  3. 1361

    See Legal Action Center, How to Get Section 8 or Public Housing Even with a Criminal Record: A Guide for New York City Housing Authority Applicants and their Advocates, App. H (no date), http://lac.org/index.php/lac/130 (provides examples of letters of recommendation); New York City Housing Authority, Division of Applicant Appeals, Public Housing Hearing, Report of Informal Hearing, August 7, 2007, No. 113-52-7732.