Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Notice to Tenant. Termination of the lease other than pursuant to the provisions of Section 11405 shall constitute an "eviction" for purposes of this section. Eviction proceedings shall be commenced by the giving of notice as required by Section 51066(b) of the Act. In the case of an eviction upon the ground of "other good cause" as permitted by subsection g(3) of this section, the notice shall be given pursuant to Section 1946 of the Civil Code and shall otherwise comply with the requirements of 24 C.F.R. Section 883.708(c)(2).
(b) Notice to Agency. As soon as practicable after the receipt by the housing sponsor of a request for a hearing pursuant to Section 51066(c) of the Act ("Hearing"), the housing sponsor or the tenant shall give notice to the agency of a request for a Hearing. However, the housing sponsor shall remain ultimately responsible for notifying the agency of a request for a Hearing. Said notice shall include a statement of the cause for eviction.
(c) Presiding Officers. The Hearing shall take place before a hearing officer who shall be an impartial, disinterested person, or, at the discretion of the agency, a hearing panel. Said hearing officer or hearing panel shall be selected by the agency. A party may, within twenty-four (24) hours of receiving the initial written notification from the agency identifying the hearing officer or hearing panel, request that a new hearing officer or hearing panel be assigned. The other party may, within twenty-four (24) hours of receiving the written notification from the agency identifying the reassigned hearing officer or hearing panel, request that a new hearing officer or hearing panel be assigned. Each party may request the assignment of a new hearing officer or hearing panel only once during the hearing process.
(d) Escrow Deposit. The tenant shall deposit in an escrow account maintained by the agency rent for the two week Hearing period if not already paid by such time. The escrow deposit must be received by the agency no later than twenty-four (24) hours prior to the commencement of the hearing as indicated in the written notice prepared by the agency. Failure to provide the escrow deposit in accordance with this paragraph shall result in a waiver of the tenant's right to the Hearing.
(e) Scheduling of Hearing. The agency shall schedule a Hearing promptly for a time and place reasonably convenient to both the housing sponsor and the tenant but not more than two weeks from the date the notice of request for a Hearing was received by the agency. A written notification specifying the time, place, and the procedures governing the Hearing shall be delivered to the housing sponsor and the tenant.
(f) Procedures Governing the Hearing.
(1) The housing sponsor and the tenant shall be afforded a fair hearing providing the basic safeguards of due process which shall include:
(A) The opportunity by the tenant to examine prior to the Hearing and, at the expense of the tenant, to copy, all documents and records of the housing sponsor that are relevant to the hearing and not privileged (any document not so made available after request therefore by the tenant may not be used or relied on by the housing sponsor at the Hearing),
(B) The right to representation, so long as an appearance by the representative does not delay the scheduling of the Hearing beyond the two week period specified in subsection (e),
(C) A private Hearing, unless both the tenant and housing sponsor request a public Hearing,
(D) The right to present evidence and arguments in support of his or her position, to controvert evidence relied on by the opposing party, and to confront and cross-examine all witnesses testifying at the Hearing, and
(E) A decision based solely and exclusively upon the facts presented at the Hearing that "good cause," as defined by subsection (g) of this section, for eviction has or has not been shown by a preponderance of the evidence.
(2) At the Hearing, the housing sponsor must first make a showing of "good cause" for eviction and must thereafter sustain the burden of proof as to that issue.
(3) The Hearing shall be conducted informally by the hearing officer or hearing panel and oral or documentary evidence relevant to the "good cause" issue may be received without regard to admissibility under the rules of evidence applicable to judicial proceedings. The hearing officer or hearing panel shall require the housing sponsor, the tenant, representatives of the housing sponsor or tenant, and other participants or spectators to conduct themselves in an orderly fashion. Failure to comply with the directions of the hearing officer or hearing panel to obtain order may result in exclusion from the proceedings. Either the housing sponsor or the tenant may arrange, in advance and at the expense of the party making this arrangement, to make a transcript of the Hearing.
(4) If the housing sponsor or the tenant fails to appear at a scheduled Hearing (either personally or by representative), or notifies the Agency of an intent not to be present at the scheduled Hearing, the hearing officer or hearing panel may make a determination to postpone the Hearing for a period not to exceed five business days or may make a determination that the party has waived his or her right to a Hearing. Both the housing sponsor and the tenant shall be notified of any such determination by the hearing officer or the hearing panel, such notification to include the date, time, and place of the rescheduled Hearing, if any.
(5) The hearing officer or hearing panel shall prepare a written decision, together with the reason therefor, within a reasonable time after the Hearing but, unless said Hearing was a rescheduled Hearing pursuant to subsection (f)(4) of this section, not later than two weeks after the date of receipt by the agency of the request for Hearing. A copy of the decision shall be sent to the housing sponsor, the tenant and the agency.
Neither utilization of nor participation in the Hearing process of this section shall constitute a waiver of, or affect in any manner whatever, any rights that the tenant or housing sponsor may have to a trial de novo or judicial review in any judicial proceedings, which may thereafter be brought in the matter.
(g) Definition of "Good Cause."
The housing sponsor may evict a tenant only upon the following grounds:
(1) Material noncompliance with the lease, which includes:
(A) one or more substantial violations of the lease, or
(B) habitual minor violations of the lease which:
1. Disrupt the livability of a building,
2. Adversely affect the health or safety of any person or the right of any tenant to the quiet enjoyment of the leased premises and related facilities,
3. Interfere with the management of the building, or
4. Have an adverse financial effect on the building. Rent shall be due on the first day of the rental period but will not be late until after the fifth day of that period. Unjustified non-payment of rent after the fifth day of the rental period but before either the running of a three-day notice to pay rent or quit or the close of business of the day after the day on which a Hearing decision is issued shall constitute a minor violation under the lease, but non-payment of rent or any other financial obligation under the lease after either such period shall constitute material noncompliance with the lease.
(2) Material failure to carry out obligations under state law, or
(3) Any other good cause, which may include the refusal of a family to accept an approved modified lease, for which a notice has been given as required by 24 C.F.R. Section 880.607(b)(2) or (d).
1. Amendment of subsections (a), (b) and (g) filed 10-23-85; effective thirtieth day thereafter (Register 85, No. 43).
2. Editorial correction of subsection (g) filed 12-2-85; effective thirtieth day thereafter (Register 85, No. 49).
3. Amendment of section and NOTE filed 11-12-96; operative 12-12-96 (Register 96, No. 46).
Note: Authority cited: Section 51050, Health and Safety Code. Reference: Section 51066, Health and Safety Code; and 24 C.F.R. Section 880.
