| What to Do If You've Been Denied Shelter or Asked to Leave a Shelter |
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by: Washington Legal Clinic for the Homeless
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| Q. | When can I appeal a decision of a Partnership-funded shelter? |
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| A. | You can appeal any decision that denies or ends your staying in a Partnership funded shelter. Some times if you break a shelter rule, you will be given a warning letter but will not be asked to leave. You can also appeal the warning letter. |
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| Q. | How will I be told if I am denied shelter or asked to leave a shelter? |
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| A. | You must be given a written notice that explains why you were denied or are being asked to leave. The notice also must explain your right to appeal and how to appeal. If you are illegally told you must leave without being given a notice, you can still ask for an appeal. |
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| Q. | How long do I have to ask for an appeal? |
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| A. | The law about this is unclear. To be safe, you should ask for an appeal within ten (10) days of the date you get a notice that you are denied shelter or must leave shelter. |
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| Q. | How do I appeal? |
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| A. | You can appeal by telling someone who works at the shelter or at the Family Resource Center that you disagree with the decision and want to appeal. They should help you complete forms to set up your appeal.
You can also appeal by calling or writing to the Administrative Review officer or by writing to the Office of Administrative Hearings. The Office of Administrative Hearings requires that you put your appeal request in writing. You can call and ask them to send you an appeal form. (202) 442-9091.
You can call or write the Administrative Review Officer at:
Family Resource Center
25 M Street, SW
Washington, D.C. 20024
(202)863-1370 or (202) 724-3932
FAX: (202) 488-3206
You can write to the Office of Administrative Hearings at:
441 4th Street, NW, Suite 540
Washington, D.C. 20001
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| Q. | What is the first step in the appeal process? |
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| A. | The first step is called Administrative Review. |
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| Q. | What is an Administrative Review? |
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| A. | An Administrative Review is an informal meeting between you, the Administrative Review Officer, and people from the shelter or from the Family Resource Center. The Administrative Review should usually happen within a few days of your asking for it. You do not have to go to an Administrative Review if you do not want to but it is usually a good idea because it can be a simple way to work out the problem that led to your being denied or asked to leave. |
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| Q. | What is the next step in the appeal process? |
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| A. | The next step is called a fair hearing. It is a more formal meeting before an administrative law judge at the Office of Administrative Hearings. You have a right to present any witnesses or documents that support your side of the story. The shelter or someone from the Partnership or government will present the shelter’s side of the story. The administrative law judge must decide whether the law was followed when you were denied shelter or were asked to leave shelter.
At some point after the hearing, the administrative law judge will send you a written decision explaining whether the law was followed or not. That decision should explain that if it is against you, you have a right to appeal to the District of Columbia Court of Appeals. |
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| Q. | What happens if I am asked to leave shelter but I appeal? |
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| A. | If you are asked to leave shelter but you appeal within ten (10) days, you must be allowed to stay in the shelter at least until the administrative law judge from the Office of Administrative Hearings makes a written decision. If the decision goes against you, you would have to leave then. |
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| Q. | What law governs the appeals process for Partnership-funded shelters? |
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| A. | The statutes are at D.C. Code §§4-701 - 4-714 and D.C. Code §4-206.03. The regulations are at District of Columbia Municipal Regulations (D.C.M.R.) Title 29, Chapter 25.
The statutes governing the Office of Administrative Hearings are at D.C. Code §§2-1831.01 - 1831.19. The regulations are at District of Columbia Municipal Regulations (D.C.M.R.) Title 1, Chapter 28. |
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