www.hudclips.org[Search] [Prev List] [Doc List] [Next List] [First Doc] [Prev 
Doc] [Curr Doc] [Next Doc] [Last Doc] [Bottom] [Help] [Text Only]
Decision to approve or deny a request. 


Directive Number: 203.677 


 
(a) The HUD Field Office will provide written notification of its
    decision to an occupant who makes a timely request to continue to occupy
    the property. The decision of the HUD Field Office on this matter will be
    made by the Chief, Property Disposition. If the decision is to deny the
    request, the notice to the occupant will include a statement of the
    reason or reasons for the decision and of the occupant's right to appeal.
    The occupant may appeal HUD's decision within 20 days after the date of
    HUD's notice. The appeal must be addressed to the Field Office Manager
    and be in writing, and the occupant may provide documentation intended to
    refute the reasons given for HUD's decision. The occupant may also
    request an informal conference with a representative of the HUD Field
    Office Manager. A request for an informal conference must be made in
    writing within 10 days after the date of HUD's notice. The occupant may
    be represented at the conference by counsel or by other persons with
    pertinent expert knowledge or experience.
 
(b) After notification that HUD has denied a request for continued
    occupancy, the occupant, on his or her request, shall be permitted to
    review all relevant material in HUD's possession (including a copy of the
    inspection report if the request is denied because the property is not
    habitable as defined in Sec. 203.673). Only material in HUD's
    possession that directly pertains to conditions for continued occupancy
    under Secs. 203.670, 203.673, and 203.674 may be considered
    material relevant for an occupant's review under this paragraph.
    This review shall be limited to a review of material for purposes
    of the informal conference or the appeal of the Department's
    decision. The information will only be provided after request for an
    informal conference or appeal has been submitted to HUD.
 
(c) After consideration of an appeal, the HUD Field Office will
    notify the applicant in writing of HUD's final decision. This final
    decision will be made by the HUD Field Office Manager or a representative
    of the Field Office Manager (other than the Chief, Property Disposition).
    If the decision is to deny the occupant's request, the notice to the
    occupant will reflect consideration of the issues raised by the occupant.
 
(d) If, after consideration of an appeal, the Field Office Manager
denies the request for new or additional reasons, the occupant will be
afforded an opportunity to request that the Field Office Manager
reconsider its decision under the provisions of paragraph (c) of this
section.
 
[53 FR 875, Jan. 14, 1988, and 53 FR 8626, Mar. 16, 1988]



[Search] [Prev List] [Doc List] [Next List] [First Doc] [Prev Doc] [Curr Doc] 
[Next Doc] [Last Doc] [Top] [Help] 