Section 8 Denied or Terminated? Your Appeal Rights

• Applicants (not yet receiving assistance) who are denied get an informal review under 24 CFR § 982.554.
• Participants (families with a voucher) get an informal hearing for certain decisions, including termination, under 24 CFR § 982.555.

Denials based on ineligible immigration status follow separate procedures in 24 CFR Part 5, and your notice should explain them.

For a denial or a termination, the PHA must send prompt written notice with a brief statement of the reasons, and it must tell you that you may request a review or hearing and how and by when to do so. If your notice doesn't, ask the PHA for it in writing. The time limit is set by the PHA, so request the review or hearing as early as you can, in writing, and keep a copy.

Under 24 CFR § 982.555, the PHA must offer an informal hearing on these decisions:

• How your annual or adjusted income was determined and used to compute the housing assistance payment.
• The utility allowance applied to your tenant-paid utilities.
• The family unit (bedroom) size under the PHA's subsidy standards. See our occupancy standards guide.
• A decision to terminate assistance because of the family's action or failure to act.
• A decision to terminate assistance because the family was absent from the unit longer than allowed.

For a termination, the hearing must take place before the PHA stops housing assistance payments under your existing HAP contract.

Federal rules do not require a review or hearing for:

• Discretionary administrative decisions and general policy issues or class grievances.
• A refusal to extend or suspend your voucher's search time.
• A refusal to approve a unit or tenancy.
• Most housing quality standards (HQS) findings about a unit, other than a termination for a breach the family caused.

Your PHA may offer more than this minimum. Ask about its options if your issue isn't on the required list.

• The person deciding can't be the person who made the original decision or someone who reports to them.
• Before the hearing you may examine the PHA documents directly relevant to your case, and copy them at your own expense. The PHA may not rely at the hearing on relevant documents it didn't make available to you.
• You may be represented by a lawyer or another representative, at your own expense.
• Both sides may present evidence and question witnesses. Court rules of evidence don't apply.
• The hearing officer gives a written decision with a brief statement of reasons, based on the evidence presented at the hearing, and the PHA sends you a copy.

For an applicant's informal review, the process is lighter: you may present written or oral objections to the decision, and the PHA then notifies you of its final decision with a brief explanation.

Generally yes, but under 24 CFR § 982.555(f) the PHA need not follow a decision on a matter that did not require a hearing, one that exceeds the hearing officer's authority, or one that conflicts with HUD rules or federal, state, or local law. If it declines to follow a decision, it must promptly tell you and explain why.

1. Find the deadline and the stated reasons in your notice.
2. Request the review or hearing in writing before the deadline. Keep a copy and proof of delivery.
3. Ask the PHA for the documents it is relying on, and for its administrative plan's hearing procedures.
4. Gather your own evidence: pay stubs, letters, medical or school records, receipts, and names of any witnesses.
5. Contact legal aid. Many offer free help with voucher terminations.
6. If you believe the decision was discrimination, a fair housing complaint is a separate process (see the FAQ below).

The regulations also let a PHA consider relevant circumstances in some denial and termination decisions, and federal Violence Against Women Act protections (24 CFR Part 5, Subpart L) limit denying or terminating assistance because someone is a victim. How these apply to you depends on your facts and your PHA's plan, so raise them in your hearing request.

How do I appeal a Section 8 denial or termination?

Read the written notice from your PHA. It must give a brief statement of the reasons and tell you how, and by when, to ask for a review or hearing (24 CFR 982.554 for applicants, 982.555 for participants). Request it in writing before that deadline, keep a copy, and note the date and how you sent it. The deadline is set by the PHA, so don't assume you have a long window.

What is the difference between an informal review and an informal hearing?

An informal review is what an applicant gets when a PHA denies assistance (24 CFR 982.554). An informal hearing is what a family already receiving assistance gets for certain decisions, including termination (24 CFR 982.555). The hearing rules are more detailed, for example the right to examine the PHA's relevant documents beforehand and to question witnesses. In both, the person deciding cannot be the person who made the original decision or someone who reports to them.

Will my assistance continue while I wait for the hearing?

For a termination, 24 CFR 982.555 requires that the hearing take place before the PHA stops housing assistance payments under an existing HAP contract. Deadlines and what happens in between are set by the PHA's administrative plan, so ask the PHA in writing what to expect.

Can I bring a lawyer or someone to speak for me?

Yes. At an informal hearing under 24 CFR 982.555 a family may be represented by a lawyer or another representative, at the family's own expense. Many areas have free legal aid organizations that handle housing-voucher hearings; LawHelp.org is one place to look for them by state.

Which PHA decisions can I not appeal through a hearing?

Federal rules do not require a hearing for discretionary administrative decisions, general policy issues or class grievances, a refusal to extend a voucher's search time, a refusal to approve a unit or tenancy, or most housing quality standards findings about a unit. A PHA may offer additional review options beyond the minimum, so check its administrative plan or ask.

Is the PHA bound by the hearing decision?

Generally yes, with limits. Under 24 CFR 982.555(f) the PHA is not bound by a decision on a matter that did not require a hearing, a decision that exceeds the hearing officer's authority, or one that conflicts with HUD rules or federal, state, or local law. If the PHA decides not to follow a decision, it must promptly notify the family and explain why.

What if I think the denial was discrimination?

The informal review or hearing deals with whether the PHA followed program rules. Discrimination complaints under the Fair Housing Act are a separate process: you can file with HUD's Office of Fair Housing and Equal Opportunity (hud.gov/fairhousing) or with a state or local fair housing agency, and a fair housing or legal aid organization can advise on timing. Filing a complaint does not replace requesting your review or hearing by the PHA's deadline.