What can I expect from the review hearing? What is it like?

What can I expect from the review hearing?[1362] What is it like?

Every hearing is different, but generally, the hearing is likely to be very informal (more details about these informal hearings below). It is very different from a court proceeding, and formal evidence rules do NOT apply. For example, the PHA or owner may introduce newspaper reports, police blotters, declarations or criminal records, with no one to authenticate or testify about the records.[1363] You are also allowed to bring in any evidence showing why your criminal record should not bar you from getting into the housing program.

You are allowed, and it’s recommended, that you bring a friend or family member who can be supportive and can also be a witness to what is happening and what is said at the hearing.

  1. 1362

    See Jaimes v. Toledo Metro. Hous. Auth., 758 F.2d 1086 (6th Cir. 1985); Billington v. Underwood, 613 F.2d 91, 93 (5th Cir. 1980); Neddo v. Hous. Auth. of Milwaukee, 335 F. Supp. 1397 (E.D. Wis. 1971); cf. Spady v. Mount Vernon Hous. Auth., 341 N.Y.S.2d 552 (N.Y. App. Div. 1973), aff’d mem., 310 N.E.2d 542 (N.Y. 1974), cert. denied, 419 U.S. 983 (1974) (Douglas, J., dissenting); Sumpter v. White Plains Hous. Auth., 278 N.E.2d 892 (N.Y. 1972), cert. denied, 406 U.S. 928 (1972) (distinguishing evidentiary hearing required before termination of benefits from procedures required before denials of eligibility). See also S. K. Morris, Note, The New Leased Housing Program: How Tenantable a Proposition? 26 Hastings L.J. 1145, 1201 (1975). ↑

  2. 1363

    See Billington v. Underwood, No. 81-7978, 1983 WL 855694 (11th Cir. May 23, 1983) (discussion of the burden of proof and use of hearsay in hearing for denial of admission). The following cases set aside hearing decisions based solely on hearsay in the context of subsidy terminations or proposed evictions: Basco v. Machin, 2008 WL 182249 (11th Cir.); Edgecomb v. Hous. Auth. of Vernon, 824 F. Supp. 312 (D. Conn. 1993) (in decision involving termination of tenant- based assistance, court held that conclusory statement was insufficient); Kurdi v. Du Page County Hous. Auth., 161 Ill. App. 3d 988 (1987); Carter v. Olmsted County Hous. & Redev. Auth., 574 N.W.2d 725 (Minn. Ct. App. 1998); Chase v. Binghamton Hous. Auth., 91 A.D.2d 1147, 1147-48 (N.Y. App. Div. 1983). Hearsay rules, if used, will likely apply to all parties. Therefore, an applicant should be prepared to have whatever hearsay rules are adopted apply to the evidence that he or she presents. Broughton v. Hous. Auth. of Pittsburgh, 755 A.2d 105 (Pa. Commw. Ct. 2000) (tenant’s hearsay evidence excluded in judicial setting). ↑