Resolving Disputes about Your Housing Assistance
by: Montana Legal Services Association (MLSA)
What should I do if I don't agree with a decision made by a housing
assistance agency?
A housing
assistance agency is an agency such as:
-
A housing
authority;
-
The HRDC;
-
The
Housing Division of the Montana Department of Commerce; or,
-
Any other
agency that administers a housing assistance program.
A housing
assistance agency may make a decision that you don't agree with. For
instance, they may deny your eligibility for housing assistance, raise
your rent, or terminate your housing assistance.
If you
disagree with a decision, you almost always have the right to be heard
by the housing assistance agency. The type of hearing depends on what
type of housing assistance you receive. If you aren't already receiving
housing assistance and want to appeal the decision to deny your
application for assistance, you can request an appeal.
If you live
in public housing (usually owned by a housing authority), you have the
right to request a grievance hearing. You can make this request after
most housing authority decisions that have a negative effect on your
housing.
If you live
in project-based Section 8, you may request an informal conference with
the landlord or property manager. If you have a housing choice voucher
(also called a Section 8 voucher), you may request an informal hearing
with the housing assistance agency.
Even before
any hearing or conference, try and resolve the issue informally by
talking with your caseworker. If this is unsuccessful, ask to speak with
your caseworker's supervisor. Sometimes disputes can be resolved without
having a conference or hearing.
What happens in a hearing or conference?
You have the
opportunity to tell your side of the story. You can also explain why you
disagree with the decision that you appealed. You can take with you to
the hearing or conference any documents or any witnesses that support
your side of the story.
How do I request a hearing or conference?
The letter
that you receive from the housing assistance agency will usually tell
you what to do to appeal its decision. Follow those instructions.
Usually you must request the hearing or conference in writing.
Be
sure to request the appeal within the time limit provided in the letter
from the housing assistance agency.
What are my rights in the appeal?
-
You have
the right to be represented by a lawyer or paralegal, but you would
have to pay for them.
-
You can
have an interpreter. If you need one, be sure to request one when you
request your hearing or conference.
-
You have
the right to look at your housing file and copy anything in it.
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