A “participant” in the Section 8 Housing Choice voucher program cannot be terminated unless the Housing Authority (Section 8 office) provides 1) adequate notice of termination, 2) a meaningful & impartial pre-termination hearing process; and 3) a written ruling detailing the hearing findings and reasoning. You become a participant on the effective date of the first Housing Assistance Payments (HAP) executed on your behalf. The HAP contract is the agreement between the landlord and the Housing Authority (Section 8 office).

Which agency manages your Section 8 matters. You may get your Section 8 through a municipal Housing Authority, such as the Newark Housing Authority, or the Jersey City Housing Authority. If you get your Section 8 through the New Jersey Department of Community Affairs (DCA), there are some differences in the appeal procedures that are explained later in this article.

1. Review the written notice. The Housing Authority must send you a written notice before terminating benefits. If the authority knows that you have an attorney, that attorney should also receive a copy of the notice. The notice must state the specific reasons for the termination—not just restate the policy or regulation they allege you did not comply with. There has to be enough information for you to rebut (defend against) the accusation. The notice should also advise you of your right to appeal the decision by requesting an informal hearing; your right to a reasonable accommodation at the hearing; and your right to have an attorney or representative.
   
   Note: It is best to seek legal assistance to review the notice and the facts of your case to evaluate whether the Housing Authority may have grounds for termination.
   
   
2. Request a translation, if needed. If the notice is in English, participants with limited English proficiency should contact the Section 8 office. State and Federal guidance on language access rights may require that the notice be translated.
   
   
3. Request a hearing. While it is best to seek legal assistance as soon as possible, make sure that your request for a hearing is received on time. Keep a copy of the notice that was sent to you and the envelope that it came in. If you do miss the deadline and the notice was mailed after it was printed or was not properly addressed, it could be used to show why you missed the deadline. The notice must state how to appeal the decision and the deadline to appeal. Keep a copy of your appeal request and proof that it was sent on time. If you are mailing it, send it certified mail so you can track it. If you are faxing, get a confirmation page.
   
   
4. Review the Housing Authority’s Housing Choice Voucher Administrative Plan. It will explain grounds for termination, and appeal and hearing procedures. You may find it on the Housing Authority’s webpage. Even if it is not there, the Housing Authority has to make it available to the public.
   
   
5. Ask to review your file. It is best to ask to review your entire file, in case it includes important evidence. You may have to pay for copies of any documents. You can make a written request for any documents that the Housing Authority will rely on at the hearing, and the names of any witnesses. Likewise, the Housing Authority may ask you the same information. Neither you nor the authority can rely on a document at the hearing that was not provided pursuant to such a request.
   
   
6. Prepare for the hearing. Make sure witnesses can attend and ask for an adjournment if needed. Have an outline of points you would like to make, and questions for your witnesses. Organize your evidence—documents, photos, etc. The Housing Authority has to prove the grounds for termination by a “preponderance of the evidence,” meaning that the Housing Authority’s allegations are more likely true than not true. The Housing Authority is limited to the grounds stated on the notice.
   
   Note: Even if the Housing Authority alleges some things that are true, that does not mean that a tenant does not have defenses. Seek legal assistance to evaluate whether there are reasons to justify keeping the voucher, such as the violation is minimal, a reasonable accommodation may resolve the issue, the offending member of the household moved, the conduct is the result of gender based violence and the tenant is the victim, or other defenses.
   
   
7. Make sure that the hearing is fair. The hearing officer should be unbiased. They cannot be the person who decided to terminate your participation or someone who works under that person. No transcript or recording of the hearing is required. You can question and cross-examine witnesses. If needed, an interpreter should be provided at no cost to the participant family. Reasonable accommodations should be made for persons with disabilities to participate in the hearing. Hearsay evidence (statements made about the facts of the case by a person who is not present to testify) may be allowed. For example, if the grounds for termination are that the participant failed to maintain the unit in clean and sanitary condition, and the caseworker states that the landlord, who is not at the hearing, said that, it is hearsay. You should tell the hearing officer that you object, because you cannot cross-examine the person who made those statements; they are not here, and that is not fair.
   
   Tip: Have a pad and pen to take notes during the hearing. If you do not have representation, have someone else come with you to take notes on what witnesses say and what documents are presented.
   
   
8. Review the hearing officer’s decision. The officer must state the reasons for their decision. It should reference the testimony and documents from the hearing, and state whether mitigating factors were considered. If you receive your Section 8 through a municipal Housing Authority, the decision will generally be binding on the Authority, unless it exceeds the hearing officer’s authority or is contrary to HUD regulations or to federal, state, or local law.

If You Receive Your Voucher through the New Jersey Department of Community Affairs

In Bouie v. New Jersey Department of Community Affairs, 407 N.J. Super. 518 (App. Div. 2009), the Appellate Division held that a participant facing a Section 8 termination from the Department of Community Affairs (DCA) has the right to a hearing before the Office of Administrative Law (OAL). This is because the public Housing Authority administering the voucher, DCA, is a state agency subject to New Jersey’s Administrative Procedures Act. A participant appealing a termination of a Section 8 voucher is a “contested case” and has a right to an OAL hearing under the Act.

DCA has offered participants the right to request such a hearing within 45 days after a hearing officer’s decision. The law in New Jersey for the past 15 years gives participants who receive their vouchers from DCA, a state agency, the right to such a hearing. The ALJ issues an initial decision. A party who disagrees with the decision may file “exceptions,” meaning objections to the judge’s decision explaining (based upon the facts and law), why the judge’s findings or conclusions were incorrect. The head of the agency (in this case DCA), makes the final decision on the case. See The Guide to Representing Yourself at an Administrative Hearing for a detailed explanation of OAL hearing rules and procedures.

Further Appeals

If the termination is from a municipal Housing Authority, you have 45 days from the date of the decision to file a “complaint in lieu of prerogative writs” in Superior Court against the authority. A “prerogative writ” is a historic term for an official order that directs the behavior of another arm of government. If the termination is from DCA, you have 45 days from the final decision to appeal to the Appellate Division. You can also file a complaint under federal law, 42 U.S.C. § 1983, that the Housing Authority of the hearing was deficient or the termination was upheld on a substantively unlawful basis. The Housing Authority does not have to continue subsidy payments during this period.

All of these are difficult to do without legal assistance. It is best to seek legal assistance as early as possible in the termination process, as soon as you receive the notice of termination.

This information last reviewed: Jul 23, 2024