24 C.F.R. § 8.58
§ 8.58 Hearings. (24 CFR Part 8)
Operative Text
(a) Opportunity for hearing. Whenever an opportunity for a hearing is required by § 8.57(c), reasonable notice shall be given by registered or certified mail, return receipt requested, to the affected applicant or recipient. This notice shall advise the applicant or recipient of the action proposed to be taken, the specific provision under which the proposed action against it is to be taken, and the matters of fact or law asserted as the basis for this action. The notice shall: (1) Fix a date not less than 20 days after the date of the notice for the applicant or recipient to request the administrative law judge to schedule a hearing, or (2) Advise the applicant or recipient that the matter has been scheduled for hearing at a stated time and place. The time and place so fixed shall be reasonable and shall be subject to change for cause. The complainant, if any, shall be advised of the time and place of the hearing. An applicant or recipient may waive a hearing and submit written information and argument for the record. The failure of an applicant or recipient to request a hearing under this paragraph or to appear at a hearing for which a date has been set is a waiver of the right to a hearing under § 8.57(c) and consent to the making of a decision on the basis of available information. (b) Hearing procedures. Hearings shall be conducted in accordance with 24 CFR part 180.
Under 24 CFR Part 8 § 8.58, when a hearing is required by the related enforcement provision, the government must send formal written notice by registered or certified mail with return receipt to the affected party. That notice must spell out the proposed action, the legal basis for it, and the underlying facts or legal claims, and it must either set a hearing date or give the party at least 20 days to request one. A party may choose to waive the hearing and submit written materials instead, but failing to request a hearing or failing to appear at a scheduled one is treated as a waiver of hearing rights and consent to a decision based on available information.
Plain English — not legal advice.
Housing providers and program recipients subject to enforcement proceedings under 24 CFR Part 8 § 8.58 should be aware that compliant operators receiving such a notice typically review it carefully to confirm it identifies the proposed action, the specific regulatory provision cited, and the factual or legal basis asserted. Operators generally track the response deadline — no fewer than 20 days from the notice date — to determine whether to request a hearing before an administrative law judge or to submit written information and argument in lieu of appearing. Ignoring the notice or missing a scheduled hearing date is treated under § 8.58 as a waiver of hearing rights and agreement to a decision on the existing record.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants and applicants involved in proceedings where 24 CFR Part 8 § 8.58 applies have a right to receive formal notice by registered or certified mail that explains what action is proposed, why it is being proposed, and what facts or legal grounds support it. Under § 8.58, a person has at least 20 days to request a hearing before an administrative law judge, or may instead submit written materials for the record if they prefer not to appear in person. Those who believe their rights under this provision have not been honored may consider raising the procedural requirements as part of the administrative process, consulting a tenant-rights organization, or seeking guidance from a HUD fair housing office.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 4, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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