Terminating a HOPWA participant requires written notice of reasons, a review before an independent person with the right to confront witnesses and counsel, and prompt notice of the decision

hopwa.termination_eviction.due_process_on_termination_for_violation · v1.0.0

Assistance to participants residing in HOPWA-assisted housing programs may be terminated if the participant violates program requirements or conditions of occupancy, subject to the VAWA protections in 24 CFR 5.2005(b) and (c), and grantees must ensure that supportive services are provided so that a participant's assistance is terminated ONLY IN THE MOST SEVERE CASES. In terminating assistance for violation of requirements the grantee must provide a formal process recognising the participant's right to due process of law, consisting at minimum of serving the participant with a written notice containing a clear statement of the reasons for termination; permitting the participant a review of the decision in which the participant is given the opportunity to confront opposing witnesses, present written objections and be represented by their own counsel, before a person other than the person who made or approved the termination decision or a subordinate of that person; and providing prompt written notification of the final decision. The independence of the reviewer is the element most often missed: a review conducted by the decision-maker's own subordinate does not satisfy the regulation.

Confidence

high

Effective from

2016-11-16

Consequence model

agency finding with cure

Last reviewed

2026-08-29