In the Public Housing program, the YCH is the owner/landlord for the property. Issues regarding right to tenancy and evictions are considered at the hearing. The written decision should be issued no later than 15 calendar days after the hearing. The Hearing Officer's decision is final, unless the public housing tenant is subject to subsequent unlawful detainer action by the agency. The PHA will notify the applicant of the PHA’s final decision, including a brief statement of the reasons for the final decision. In rendering a decision, the following will be evaluated 1. Whether or not the grounds for denial were stated factually in the notice 2. The validity of grounds for denial of admission. If the grounds for denial are not specified in the regulations or in YCH policy, then the decision to deny assistance will be overturned. 3. The validity of the evidence. If the facts presented prove the grounds for denial of admission. If the facts prove that there are grounds for denial, and the denial is required by HUD, the decision to deny admission will be upheld. If the facts prove the grounds for denial, and the denial is discretionary, the PHA will consider the recommendation of the person conducting the informal hearing in making the final decision whether to deny admission Housing Choice Voucher (HCV) Program Since HCV participants are not our residents, hearings are held to provide for administrative due process regarding agency decisions on program termination, housing assistance calculations, recertifications or reasonable accommodation requests. YCH is not bound by the hearing decision; which concerns matters in which the PHA is not required to provide an opportunity for a hearing; which conflicts with or contradicts HUD regulations or requirements; which conflict with or contradict Federal, State or local laws; or which exceeds the authority of the person conducting the hearing. The Hearing Decision must: 1. Be mailed to YCH and the family within 15 calendar days after the hearing 2. The report will contain the following information: a. Hearing information: i. Name of the participant. ii. Date, time and place of the hearing. iii. Name of the hearing officer; iv. Name of the PHA representative; and v. Name of family representative (if any). b. Background: A brief, impartial statement of the reason for the hearing. c. Summary of the Evidence: The hearing officer will summarize the testimony of each witness and identify any documents that a witness produced in support of his/her testimony and that are admitted into evidence. d. Findings of Fact: The hearing officer will include all findings of fact, based on a preponderance of the evidence. Preponderance of the evidence is defined as evidence which is of greater weight or more convincing than the evidence which is offered in opposition to it; that is, evidence which as a whole shows that the fact sought to be proved is more probable than not. Preponderance of the evidence may not be determined by the number of witnesses, but by the greater weight of all evidence. e. Conclusions: The hearing officer will render a conclusion derived from the facts that were found to be true by a preponderance of the evidence. The conclusion will result in a determination of whether these facts uphold the PHA’s decision. f. Order: The hearing report will include a statement of whether the PHA’s decision is upheld or overturned. If it is overturned, the hearing officer will instruct the PHA to change the decision in accordance with the hearing officer’s determination. In the case of termination of assistance, the hearing officer will instruct the PHA to restore the participant’s program status
