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FAQ - Frequently Asked Question
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Question:
What are my options to appeal a score on a Management and Occupancy Review?

Answer:

If an owner/agent receives a “Below Average” or “Unsatisfactory” overall rating as indicated on the form HUD-9834, Summary Report, the owner/agent may appeal the rating using the following process.  The appeal procedures in this section apply to reviews performed by HUD staff and/or CA.

Initial Appeal

The appeal must be in writing, forwarded to the HUD Multifamily Program Center Director and/or CA, and postmarked within 30 calendar days of the Summary Report date.

The appeal letter must explain the factual basis supporting a change in the rating, with sufficient specific examples provided to warrant further evaluation.

The HUD field office and/or CA are responsible for evaluating the additional information, including another on-site visit for only those items in dispute, if necessary and if resources are available.

The initial appeal decision must be in writing and transmitted to the owner/agent by the HUD Multifamily Program Center Director or the CA within a 45 calendar day period following receipt of the appeal.  (Refer to HUD Handbook 4350.1 Chapter 6)

Final Appeal

If the owner/agent does not agree with the initial appeal decision, the owner/agent may submit a final appeal to the Multifamily Hub Director.

The final appeal must be in writing and postmarked within 15 calendar days of the transmittal date of the initial appeal decision letter from the HUD Multifamily Program Center Director or CA.

The Multifamily Hub Director will be responsible for obtaining all information from the Field Office or Contract Administrator performing the original management review and initial appeal determination.

The owner/agent may request a meeting with the Multifamily Hub Director (or, at the discretion of the Multifamily Hub Director, a representative) to present verbal arguments, however the meeting must be requested and scheduled during the 30 calendar day period following the transmittal date of the initial appeal decision letter.

The final appeal decision must be in writing and transmitted to the owner/agent by the HUD Multifamily Hub Director within a 45 calendar day period following receipt of the final appeal letter or 45 calendar days upon conclusion of the meeting with the owner/agent.  (Refer to HUD Handbook 4350.1 Chapter 6.)

Decisions rendered by the Multifamily Hub Director will be final and will not be subject to further appeal.

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