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HCV Participants

Moving with Continued Housing Assistance

One of the great advantages of the Housing Choice Voucher is that it enables you to move to another housing unit and continue to receive assistance. There are two types of moves in the voucher program:

  • Mandatory Move - A mandatory move is when you are required to move to another unit because your landlord fails to make the repairs required under the Federal Housing Quality Standards or the landlord has violated some other program requirements.
  • Voluntary Move - A voluntary move is when you choose to move to another unit. It is the policy of The Brooks Jeffrey Housing Authority that voluntary moves can only occur one time each year and only at the time of your annual recertification.

Regardless of which type of move, you are required to attend a Program Move briefing before we issue you a new voucher to start your search for a new unit.

  • New Requirements - The Housing Choice Voucher Program is funded by the U.S. Department of Housing and Urban Development (HUD). The federal government has changed many of the regulations and the Housing Authority has changed many of its policies for the voucher program.

A great feature of the Housing Choice Voucher Program is that families may choose from a broad variety of housing types and locations. This is important because where you live can also affect your access to job opportunities, transportation, medical care, training programs and schools, shopping, and community services. Think about where you want to live and make an informed choice when you select your next home.

Special Needs, Requests, and Accommodations 

If you have any special needs or have family members with special needs, you may request a reasonable accommodation in order to have equal access to the programs and services of the Section 8 Housing Choice Voucher Program.

Some examples of reasonable accommodation are as follows:

  • TDD or TTY Devices
  • Interpreter for hearing impaired
  • Housing Agency correspondence in an accessible format
  • Home visits for clients that are critically ill or disabled
  • Assistance to persons with limited written comprehension
  • Language translation

If you have a special need due to a disability, you will be asked to submit a written request for reasonable accommodations and if not otherwise obvious, to provide us with documentation of a disability from a reliable medical source. We will make every effort to meet your needs pursuant to federal regulations and to provide any reasonable accommodation.

Fraud and Program Abuse 

The Department of Housing and Urban Development is seriously concerned about fraud in the Housing Choice Voucher Program. HUD has asked the Housing Authority to inform all families on the program about the consequences of committing fraud and program abuse. Section 1001 of Title 18 of the U.S. Code makes it a criminal offense to make willful, false statements or misrepresentations to any Department or Agency of the United States as to matters within its jurisdiction.

Following these simple rules will help you stay in the Housing Choice Voucher Program and help it to run fairly and honestly. Not following these rules will result in termination of your assistance and could result in referral of the matter for further investigation and penalties may be applied.

At least annually and when changes occur, we will ask for information about your income and who is living in your household. We need to make sure that you are paying the right rent to your landlord and that your house or apartment is the right size for your family. When we ask for this information, be sure to:

  • Provide complete and accurate information.

Notify the Housing Authority about all income received by members of your household and income that you expect to receive in the next year. Many people forget income from second jobs, overtime, part-time jobs, income received for child support, tips, etc. Income includes non-cash contributions as well as cash payments received.

  • Report all household members.

Provide the Housing Authority with the name of everyone expected to live in your household in the next year. If your family size increases or decreases, you must notify the Housing Authority immediately.

  • Pay only your share of the rent.

Your rent payment to your landlord must not be more that the amount stated on your lease that was calculated at the time of our review. If you are now paying (or if your landlord asks for) any money in addition to this payment, please report this to us at once.

  • Report all changes in accordance with requirements.

Housing Authority policy requires you to report the following to the housing authority within 30 days from the date it occurs:

  • Zero Income Households - if you reported that no one in your household has any income (you completed a zero income survival statement) and someone obtains an income, you must report this income.
  • Changes in Income - If a household member is not employed at the time of but later obtains a job, the family must report the new employment and an interim recertification will be completed. Other changes in employment income such as a different job or an increase in salary at an existing job do not need to be reported and if reported, an interim recertification will not be conducted.

You may choose to report a decrease in income and other changes, which would reduce the amount of tenant rent, such as an increase in allowances or deductions. If these changes are reported and it will result in a change in tenant rent, an interim recertification will be completed.

Change in Rent - Changes in rent because of reported changes will take effect as follows:

  • If your rent will increase, the change will take effect the first of the second month after the change occurred.
  • If your rent will decrease, the change will take effect the first of the month after you have provided the Housing Authority with all documentation needed to process the rent change, if you provided the documents by the 20th of the month. If you did not provide the documents until after the 20th of the month, the rent change will take effect on the first of the second month after you provided the documents.

Criminal Activity

The Department of Housing and Urban Development (HUD) permits the Housing Authority to deny or terminate assistance to applicants and participants in the Housing Choice Voucher Program if any member of the family engages in a drug-related felonious or violent criminal activity. A criminal background check will be conducted on all family members, ages 18 and older when entering the program and periodically throughout your participation in the program.

It is the Housing Authority's policy to terminate or deny rental assistance if families engage in:

Drug-related Criminal Activity

This refers to the illegal manufacture, sale, or distribution of a controlled substance, or the possession of a controlled substance with intent to manufacture, sell, or distribute as defined in Section 102 of the Controlled Substances Act (21 U.S.C. 802).

Violent Criminal Activity

This means any illegal criminal activity that has, as one of it elements, the use, attempted use, or threatened use of physical force against the person or property of another.

Felonious Criminal Activity

This refers to any criminal activity that is classified as a felony under Federal, State, or Local Law.

Reviews and Hearings

The Housing Voucher is the contractual document, which outlines your family's obligations under the program. Violations of any of the family obligations are grounds for termination of your housing assistance. If the Housing Authority becomes aware of any program violations committed by you or your family members, your assistance can be terminated.

If your assistance is terminated, you have a right to a hearing. You must submit a written request for a hearing within 10 business days from the date of the letter you receive indicating that your assistance will be terminated. Hearing procedures are conducted as described below.

General Requirements

When a request for an informal hearing is received, a hearing shall be scheduled within 10 business days. Program participants will be informed of the date and time of the hearing and the location where the hearing will be held.

Program participants have the following rights and obligations as they relate to the scheduled hearing:

  • To bring evidence, witnesses, legal or other representation at the family's expense;
  • To view any documents or evidence in the possession of the Housing Authority upon which we based the proposed action and, at the family's expense, to obtain a copy of such documents prior to the hearing;

A copy of any documents or evidence to be used at the hearing must be provided to the hearing officer. Either party must receive requests for documents or evidence no later than 12 noon the day preceding the scheduled hearing. If the family requests copies of documents relevant to the hearing, the Housing Authority will make the copies for a charge of $0.25 per copy. In no case will the family be allowed to remove the file from the office.

Rescheduled Hearings

After a hearing date is scheduled, the family may request to reschedule only upon showing "good cause," which is defined as an unavoidable conflict which seriously affects the health, safety, or welfare of the family.

If the family misses the scheduled hearing appointment or deadline ordered by the Hearing Officer, the action of the Housing Authority shall take effect and another hearing will not be granted.

Hearing Procedures

The informal hearing shall be conducted by the Hearing Officer who is neither the person who made or approved the decision, nor a subordinate of that person.

During the hearing, families have the right to:

  • Present written or oral objections;
  • Examine the documents in the file, which are the basis for the action, and all documents submitted to the Hearing Officer;
  • Present any information or witnesses pertinent to the issue of the hearing;
  • Request that Housing Authority staff be available or present at the hearing to answer questions pertinent to the case; and
  • Be represented by legal counsel, advocate, or designated representatives at their own expense.

The Housing Authority has a right to:

  • Present evidence and any information pertinent to the issue of the hearing;
  • Have its attorney present; and
  • Have staff persons and other witnesses familiar with the case present.

The hearing shall concern only the issues for which the family has received the opportunity for a hearing. Evidence presented at the hearing may be considered without regard to admissibility under the rules of evidence applicable to judicial proceedings.

No documents may be presented which have not been provided to the other party before the hearing if requested by the other party. "Documents" include records and regulations.

The Hearing Officer may ask the family for additional information and may adjourn the hearing in order to reconvene at a later date, before reaching a decision.

Hearing Decision

The Hearing Officer will determine whether the action, inaction or decision of the Housing Authority is legal in accordance with HUD regulations and the Administrative Plan based upon the evidence and testimony provided at the hearing. Factual determinations relating to the individual circumstances of the family will be based on a preponderance of the evidence presented at the hearing.

A notice of the hearing findings shall be provided in writing to the Housing Authority and the family within 10 business days and shall include:

  • A clear summary of the decision and reasons for the decision;
  • If the decision involves money owed, the amount owed; and
  • The date the decision goes into effect.