ABCNY_Public Housing Denial Manual Draft REVISION.doc

ABCNY_Public Housing Denial Manual Draft REVISION.doc - HOW...

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HOW TO APPEAL A DENIAL OF YOUR PUBLIC HOUSING OR SECTION 8 APPLICATION As part of your application for public housing, New York City Housing Authority (NYCHA) conducts a criminal background check on everyone who is a member of your household. For each person who is a part of your household, NYCHA will examine records from the Office of Court Administration (OCA). You will not necessarily be denied housing just because someone in your household has been convicted of a crime; if NYCHA determines that you are ineligible for housing due to the criminal history of a member of your household, you will be given a number of opportunities to present your case. Part 1 of this pamphlet will explain the process that NYCHA goes through in reviewing your eligibility for housing. It is important to be aware of where you are in the process so that you do not miss any deadlines. Part 2 of this pamphlet will help you collect the types of evidence you will need to present to NYCHA, depending on the specific facts of your case. PART ONE - KNOW THE ELIGIBLITY REVIEW PROCESS – If the OCA computer shows an incomplete or purged record, NYCHA will send you a notice called a Request for Additional Information . The notice will tell you when and where you should appear and what additional information NYCHA requires in order to complete their review of your application. You will have 30 days in order to comply with the request. For each crime, there is a set time period following a person’s sentence, probation and payment of fine until he is again eligible for public housing. Please see the last page of this pamphlet for a list of time periods of ineligibility depending on the type of conviction. If the OCA computer shows a conviction for a member of your household for which the time period has not yet been completed, they will send you a Notice of Pending Ineligibility . This notice does not mean you have been denied. This is your first chance to present your case. The notice will tell you when and where to bring any additional information you have. You will have 30 days to appear at the applications office to present evidence showing that your application should not be denied. Page 1 of 9
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If you fail to comply with the above notices, or if NYCHA nevertheless deems you ineligible, they will send you a Notice of Ineligibility . If you are denied housing, you should request a hearing. You have 90 days from the date of the notice to request a hearing. The Notice of Ineligibility will tell you that you may go without an appointment to the Department of Housing Applications for an Informal Discussion . At the informal discussion, a housing specialist will discuss your application with you and consider any additional evidence you may have. THIS IS NOT YOUR HEARING.
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