California Code of Regulations › Title 25 - Housing and Community Development › Division 2 - California Housing Finance Agency › Chapter 2 - Rental Housing Development Programs › Article 4 - Tenancy Standards and Procedures › Section 11406 - Eviction Hearing Procedure

Current through Register 2024 Notice Reg. No. 28, July 12, 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.