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The process for fighting to keep your Section 8 Housing Choice Voucher includes the following steps:
- Make a written request for a Section 8 voucher termination hearing
- Gather information on your case
- Go to your hearing with all your evidence and witnesses
- Wait for your decision
To fight to keep your Section 8 Housing Choice Voucher, you must request a hearing in writing. All requests go to the Housing Authority. You must make the request by the deadline stated in the termination notice. You may do this by personal delivery, mail, or any method listed in the termination letter. You should save a copy of the hearing request. You might also need to be able to prove it was mailed by the deadline. You can do this by saving proof of mailing, or by getting a receipt from the Housing Authority.
It is important to try to find legal help as soon as possible after getting notice of a termination. If possible, it is best to have a lawyer at the informal hearing.
Before you go to your Section 8 termination hearing, discovery will take place. Discovery is a chance for you to find out information that will be used at the hearing.
After you request a hearing, you must be given a chance to look at any evidence that will be used to try to take away your voucher. You need to ask the Housing Authority to see the evidence before the hearing.
As part of the discovery process, the Housing Authority might ask you to see your evidence before the hearing. In this case, you must give the Housing Authority all evidence that will be used at the hearing. You can also ask the Housing Authority questions before the hearing.
You must be at the hearing on time. You must have all evidence that will be used to defend against the termination. You must also know what witnesses, if any, you will use to defend your case. You must show all evidence to the Housing Authority at the hearing. Then, you must explain all the reasons why the voucher should not be taken away.
The hearing officer typically will not tell you the final decision at the hearing. A decision will be sent later in the mail.
There is only one informal hearing for a Section 8 voucher termination. It is important to treat the informal hearing very seriously. It may be the only chance to defend against termination.
You will usually get a written decision within 10 days after the hearing. The notice will state if and when the voucher will be terminated and reasons why. The Housing Authority must pay their portion of the rent until a hearing decision is made.
If the hearing officer or panel rejects your defense, then your Section 8 voucher may be terminated. Once the voucher is terminated, rental payments by the Housing Authority to the landlord will end. You will then be responsible to pay the entire rent amount. If you are unable to pay the rent, you can be evicted.
If you are terminated from the Section 8 voucher program, you might not be able to get Section 8 assistance again in the future. Being terminated from the Section 8 voucher program might also make it harder to get into public housing or other subsidized housing.
You can appeal the housing authority's decision in court. See Appealing a decision to terminate a Section 8 voucher.
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