What is an informal review?
An informal review is provided to program applicants that wish to dispute an MHA decision regarding denial of assistance, which includes any or all of the following MHA determinations:
- Denying listing on an MHA waiting list
- Denying or withdrawing a voucher
- Refusing to enter into a HAP contract or approve a lease
- Refusing to process or provide assistance under portability procedures
MHA is not required to provide an applicant an informal review under the following circumstances:
- Discretionary administrative determinations by MHA
- General policy issues or class grievances
- A determination of the family unit size under MHA subsidy standards
- MHA determination not to grant approval of the tenancy
- MHA determination that the unit is not in compliance with MHA and HUD standards (HQS)
- MHA determination that the unit is not in accordance with MHA and HUD standards (HQS) due to family size or composition
What is an informal hearing?
MHA must offer an informal hearing for certain MHA determinations relating to the individual circumstances of a participant family. The purpose of the informal hearing is to consider whether MHA's decisions related to the family's circumstances are in accordance with the law, HUD regulations and MHA policies.
MHA is not permitted to terminate a family’s assistance until the time allowed for the family to request an informal hearing has elapsed, and any requested hearing has been completed. Termination of assistance for a participant may include any or all of the following:
- Refusing to enter into a HAP contract or approve a lease
- Terminating housing assistance payments under an outstanding HAP contract
- Refusing to process or provide assistance under portability procedures
What MHA decisions are subject to an informal hearing?
Circumstances for which MHA must give a participant family an opportunity for an informal hearing are as follows:
- A determination of the family’s annual or adjusted income, and the use of such income to compute the housing assistance payment
- A determination of the appropriate utility allowance (if any) for tenant-paid utilities from MHA utility allowance schedule
- A determination of the family unit size under MHA’s subsidy standards
- A determination to terminate assistance for a participant family because of the family’s actions or failure to act
- A determination to terminate assistance because the participant has been absent from the assisted unit for longer than the maximum period permitted under MHA policy and HUD rules
- A determination to terminate a family’s Family Self Sufficiency contract, withhold supportive services, or propose forfeiture of the family’s escrow account [24 CFR 984.303(i)]
- A determination to deny admission based on an unfavorable history that may be the result of domestic violence, dating violence, or stalking.
Circumstances for which an informal hearing is not required are as follows:
- Discretionary administrative determinations by MHA
- General policy issues or class grievances
- Establishment of MHA schedule of utility allowances for families in the program
- A MHA determination not to approve an extension or suspension of a voucher term
- A MHA determination not to approve a unit or tenancy
- A MHA determination that a unit selected by the applicant is not in compliance with the HQS
- A MHA determination that the unit is not in accordance with HQS because of family size
- A determination by MHA to exercise or not to exercise any right or remedy against an owner under a HAP contract
How long do I have to request an informal review?
A request for an informal review must be made by the applicant to MHA in writing and delivered to MHA either in person or by first class mail, by the close of the business day, no later than 14 calendar days from the date of MHA's denial of assistance.
How long do I have to request an informal hearing?
A request for an informal hearing must be made in writing and delivered to MHA either in person or by first class mail, by the close of the business day, no later than 14 calendar days from the date of MHA’s decision or notice to terminate assistance.
You may request a grievance by doing any of the following:
- Fill out a grievance request, available at MHA's management office, or write a letter to MHA explaining your dispute, the date of the alleged grievable event, and the outcome you would like from the grievance hearing, and turn it in or sent it to the MHA office: 4020 Civic Center Drive, San Rafael, CA 94903
- If you need assistance in writing down your grievance request, you may request help from staff the MHA office.