The purpose of this information is to ensure that Housing Authority of the City of El Paso (HACEP) residents are afforded an opportunity to appeal any issues brought about by their temporary relocation through the implementation of the Rental Assistance Demonstration (RAD) program and to better clarify the RAD appeal process and timeline.
I. Appeal Criteria
Based on the U. S. Department of Transportation’s Uniform Relocation Act, residents are able to submit an appeal, due to their temporary relocation as part of the RAD program, that fall into the following three (3) categories:
Eligibility to receive relocation assistance;
Amount of relocation payment;
Adequacy of a comparable replacement dwelling
While not required, but to help expedite the process, please use the RAD Appeal Form to outline and submit your appeal. Please submit the appeal form to your RAD Relocation Technician, property manager or another HACEP agent within 60 (sixty) days of receiving your relocation notice. Please note the RAD appeals process is separate from the Public Housing grievance process. Residents should follow the RAD appeals process only for issues related to their RAD relocation.
II. General RAD Appeal Process Overview
When you receive your relocation move notice, general information about the RAD appeal process, your rights and appeal form will be included in your move notice. During your individual relocation meeting, your assigned Relocation Technician will also provide the Head of Household (HOH) with a Resident Relocation Packet. In addition to enclosing detailed information about your relocation and information to help you get resettled in your new location, the packet will also include information about the appeal process, your rights and a RAD Appeal Form for Consideration. The RAD appeal process and copies of the RAD Appeal Form for Consideration are also available on the HACEP website at http://www.hacep.org/RADAppeals.
Should you opt to exercise your right to appeal, again, you have 60 (sixty) days to do so by submitting a written appeal. The Appeal Panel shall prepare a written decision within a reasonable time after submission of appeal (usually within 14 business days but no more than 30 business days). If the outcome of the appeal decides in favor of your appeal request, and provided that HACEP can provide an immediate resolution, then HACEP will resolve the outstanding issues at their cost.
III. Appeal Process Steps For the Resident
- Resident submits a written appeal to their Relocation Technician, property manager or another agent of HACEP. If the resident is not able to provide a written appeal, they may call HACEP at 915-849-3888 to arrange having one written and submitted for them.
- The Appeal Panel at HACEP, designated by the Chief Executive Officer, will conduct a timely review of the appeal (usually within 14 business days but no more than 30 business days).
- Priority consideration will be given to appeals that include supporting documentation such as a doctor’s letter, proof of disability, demonstration of hardship or special needs, receipts, etc. – essentially appeals that, in general, are able to communicate the severity of the situation caused by temporary relocation.
- An Appeal Panel will approve or deny the appeal. If the approved appeal is specific to Adequacy of a comparable replacement dwelling, the Appeal Panel will provide this decision to the Rental Assistance Demonstration (RAD) Planning & Operations Team to review current inventory for possible unit reassignment. Please note that given the limited inventory of vacant units, though a “comparable dwelling” related appeal may be approved, HACEP may not be able to accommodate the appeal right away. In that case, HACEP will create a waiting list for such accommodations and reassign the resident, at its earliest convenience, a comparable unit as it becomes available. The reassignment may not be appealed.
- A copy of the Appeal Panel decision will be sent to the resident and HACEP shall retain a copy of the decision in its files.
- A copy of the Appeal Panel decision will also be made available for inspection by the resident, his/her representative, the Appeal Panel or the HACEP CEO (or their designee).
- Communication of the Appeal Panel decision will be reviewed with resident in person by their RAD Relocation Technician.
- The Uniform Relocation Act regulations (49 CFR part 24) do not provide for a HUD review of HACEP’s appeal decision. If dissatisfied with the Appeal Panel decision, the resident does have the right to seek judicial review of the panel’s determination at their own cost.
** Please note that given the construction schedule, the resident may be relocated during the process of the appeal. In no way would this relocation affect the resident’s right to appeal nor the time granted to file an appeal.
If a resident disagrees with the Housing Authority of the City of El Paso’s (HACEP) decision as to the resident’s eligibility to receive relocation assistance, the amount of a relocation payment, or the adequacy of a comparable replacement dwelling offered to a resident, the resident may file a written appeal to the HACEP. The resident will have 60 (sixty) days to file an appeal with the HACEP after receiving their written move notification. HACEP shall promptly review appeals as outlined in the RAD Resident Relocation and General Information and Appeals Process document.
1. Actions which may be appealed:
- A resident and/or their representative may file a written appeal with the HACEP in any case in which the person believes that the Agency has failed to properly consider the person's application for assistance under this part. Such assistance may include, but is not limited to, the person's eligibility for, or the amount of, a payment required under CFR § 24.106 or § 24.107, or a relocation payment required under this part. The Agency shall consider a written appeal regardless of the form on which it is submitted.
2. Time limit for initiating appeal:
- The Agency may set a reasonable time limit for a resident to file an appeal. The time limit shall not be less than 60 (sixty) days after the resident receives written move notification from HACEP or after the initiation of a resident's RAD related claim.
3. Right to representation:
- A resident has a right to be represented by legal counsel or other representative in connection with his or her appeal, but solely at the person's own expense.
4. Review of files by person making appeal:
- HACEP shall permit a resident or their representative to inspect and copy all materials pertinent to his or her appeal, except materials which are classified as confidential by the Agency. HACEP may, however, impose reasonable conditions on the resident's right to inspect, consistent with applicable laws.
5. Scope of review of appeal:
- In deciding an appeal, HACEP shall consider all pertinent justification and other material submitted by the resident, and all other available information that is needed to ensure a fair and full review of the appeal.
6. Determination and notification after appeal:
- Promptly after receipt of all information submitted by a resident in support of an appeal, HACEP shall make a written determination on the appeal, including an explanation of the basis on which the decision was made, and furnish the resident a copy. If the full relief requested is not granted, the Agency shall advise the resident of his or her right to seek judicial review at their own expense.
7. Agency official to review appeal:
- HACEP’s official review of the appeal shall be by an Appeal Panel chosen by either the head of the Agency or his or her authorized designee. However, the official choosing the panel shall not have been directly involved in the action appealed.
To print RAD Appeal Form for Consideration, GO HERE.