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Grievance Procedure

Table of Contents

PURPOSE
GOVERNING LAW
APPLICABILITY
DEFINITIONS
INFORMAL SETTLEMENT OF GRIEVANCE
PROCEDURE TO OBTAIN A HEARING
PROCEDURES GOVERNING THE HEARING
INFORMAL HEARING PROCEDURES FOR DENIAL OF ASSISTANCE ON THE BASIS OF INELIGIBLE IMMIGRATION STATUS
DECISION OF THE HEARING OFFICER OR HEARING PANEL
NOTICES
CONCURRENT NOTICE
MODIFICATION
ADMINISTRATIVE PROCEDURES

PURPOSE
1. This grievance procedure has been adopted to provide the standards and procedures to assure residents the opportunity for a hearing within a reasonable time if the resident disputes the action or failure to act involving the resident's lease with the Public Housing Authority (PHA) or regulations which adversely affect the individual resident's rights, duties, welfare or status.
GOVERNING LAW
1. The law governing this grievance procedure is Section 6(k) of the U.S. Housing Act of 1937 (42 U.S.C. sec. 1437d(k) and subpart B of 24 CFR part 966, as amended.
APPLICABILITY
1. The grievance procedure shall be applicable to all individual grievances as defined in Section 4 between the resident and the Housing Authority.
2. The grievance procedure shall not be applicable to disputes between residents not involving the Housing Authority or to class grievances. The grievance procedure is not intended as a forum for initiating or negotiating policy changes between residents, or groups of residents, and the Board of Commissioners of the Authority.
DEFINITIONS
The following definitions are applicable:
1. "CFR" shall mean the Code of Federal Regulations, which contains the federal regulation governing this grievance procedure.
2. "Complainant" shall mean any resident whose grievance is presented to the Housing Authority or at the project management office in accordance with Sections 5 and 6.
3. "Elements of Due Process" shall mean an eviction action or a termination of tenancy in a state or local court in which the following procedural safeguards are required:
  1. Adequate notice to the resident of the grounds for terminating the tenancy and for eviction;
  2. Right of the resident to be represented by counsel;
  3. Opportunity for the resident to refute the evidence presented by the Housing Authority including the right to confront and cross-examine witnesses and to present any affirmative legal or equitable defense which the resident may have;
  4. A decision on the merits.
4. "Grievance" shall mean any dispute which a resident may have with respect to the Housing Authority's action or failure to act in accordance with the individual resident's lease or regulations which adversely affect the individual resident's rights, duties, welfare or status. Grievance does not include any dispute a resident may have with the Authority concerning a termination of tenancy or eviction that involves:
  1. any criminal activity that threatens the health, safety. or right to peaceful enjoyment of the Authority's public housing premises. By other residents, employees of the Authority or persons residing in the immediate vicinity of the premises;
  2. any drug-related or violent criminal activity on or off such premises;
  3. any criminal activity that resulted in felony conviction of a household member.
5. "Hearing Officer" shall mean a person selected in accordance with Section 6 to hear grievances and render a decision with respect thereto.
6. "Hearing Panel" shall mean a panel selected in accordance with Section 6 to hear grievances render a decision with respect thereto.
7. "HUD" shall mean The United States Department of Housing and Urban Development.
8. "Resident" shall mean the adult person (or persons) (other than a live-in aide):
  1. Who resides in the unit, and who executed the lease with the PHA as lessee of the dwelling unit or, if no such person now resides in the unit,
  2. Who resides in the unit, and who is the remaining head of household of the tenant family residing in the dwelling unit.
INFORMAL SETTLEMENT OF GRIEVANCE
1. Any grievance shall be personally presented, whether orally or in writing to the Housing Authority office or to the office of the, project in which the complainant resides so that the grievance may be discussed informally and settled without a hearing. A summary of such discussion shall be prepared within a reasonable time and one copy shall be given to the resident and one retained in the Housing Authority's resident file. The summary shall specify the names of the participants, dates of meeting, the nature of the proposed disposition of the Complaint and the specific reasons therefore, and shall specify the procedures by winch a hearing under Section 6 may be obtained if the complainant is not satisfied.
PROCEDURE TO OBTAIN A HEARING
1. Request for Hearing - the complainant shall submit a written request for a hearing to the Housing Authority or to the project office of the Housing Authority within five (5) working days after receipt of the summary of discussion pursuant to Section 5. The written request shall specify:
  1. The reasons for the grievance, and
  2. The action or relief sought.
2. Selection of Hearing Officer or Hearing Panel - Grievances shall be presented before a hearing officer or hearing panel. A hearing officer or hearing panel shall be selected as follows:
  1. The hearing officer or hearing panel shall be an impartial person, or persons, selected by the Housing Authority Executive Director, other than a person who made or approved the PHA action under review, or a subordinate of such person;
  2. Following review and comment by the active resident association(s) if any.
3. Failure to Request a Hearing - If the complainant does not request a hearing in accordance with this paragraph, then the Housing Authority disposition of the grievance under Section 5 shall become final. Provided, that failure to request a hearing shall not constitute a waiver by the complainant of his right thereafter to contest the Housing Authority's action in disposing of the complaint in an appropriate judicial proceeding.
4. Hearing Prerequisite - All grievances shall be personally presented either orally or in writing pursuant to the informal procedure prescribed in Section, 5 as a condition precedent to a hearing under this section. Provided, that if the complainant shall show good cause why he failed to proceed in accordance with Section 5 to the hearing officer or hearing panel, the provisions of this subsection may be waived by the hearing officer or hearing panel.
5. Escrow Deposit - Before a hearing is scheduled in any grievance involving the amount of rent which the Housing Authority claims is due, the complainant shall pay to the Housing Authority an amount equal to the amount of the rent due and payable as of the first of the month preceding the month in which the act or failure to act took place. The complainant shall thereafter deposit the same amount of the monthly re t in an escrow account monthly until the complaint is resolved by decision of the hearing officer or hearing panel... These requirements may be waived by the Housing Authority in extenuating circumstances. Unless so waived, the failure to make such payments shall result in a termination of the grievance procedures. Provided, that failure to make payment shall not constitute a waiver of right the complainant may have to contest the Housing Authority's disposition of his grievance in any appropriate judicial proceeding. The Housing Authority will waive the' requirement for an escrow deposit in cases where either:
  1. Complainant is appealing a financial hardship determination related to minimum rent requirements, or
  2. The resident is appealing the Housing Authority's decision not to reduce the annual income of the complainant as a result of a reduction in welfare benefits attributable to fraud or a failure to participate in an economic self-sufficiency program or to comply with a work activities requirement.
6. Scheduling of Hearings - Upon complainant's compliance with paragraphs a, d, and e, of this section, a hearing shall be scheduled by the hearing officer or hearing panel promptly for a time and place reasonably convenient to both the complainant and the Housing Authority. A written notification specifying the time, place and the procedures governing the hearing shall be delivered to the complainant and the appropriate Housing Authority official.
PROCEDURES GOVERNING THE HEARING
1. The hearing shall be held before a hearing officer or hearing panel, as appropriate.
2. The complainant shall be afforded a fair hearing providing the basic safeguards of due process which shall include:
  1. The opportunity to examine before the hearing and at the expense of the complainant, to copy all documents, records, and regulations of the Housing Authority that are relevant to the hearing. Any document not so made available after request therefore by the complainant may not be relied on by the Housing Authority at the hearing;
  2. The right to be represented by counsel or other person chosen as his or her representative;
  3. The right to a private hearing unless the complainant requests a public hearing;
  4. The right to present evidence and arguments in support of his or her complaint, to controvert evidence relied on by Housing Authority or project management, and to confront and cross-examine all witnesses on whose testimony or information the Housing Authority or project management relies; and,
  5. A decision based solely and exclusively upon the facts presented at the hearing.
3. The hearing officer or hearing panel may render a decision without proceeding with the hearing if the' hearing officer or hearing panel determines that the issue has been previously decided in another proceeding.
4. If the complainant or the Housing Authority fails to appear at a scheduled hearing, the hearing officer or hearing panel may make a determination that the party has waived his right to a hearing. Both the complainant and the Housing Authority shall be notified of the determination by the hearing officer or hearing panel. Provided, that a determination that the complainant may have to contest the Housing Authority's disposition of the grievance in an appropriate judicial proceeding.
5. At the hearing, the complainant must first make a showing of an entitlement to the relief sought and thereafter the Housing Authority must sustain the burden of justifying the Housing Authority's action or failure to act against which the complaint is directed.
6. The hearing shall be conducted informally by the hearing officer or hearing panel and oral or documentary evidence pertinent to the facts and issues raised by the complainant may be received without regard to admissibility under the rules of evidence applicable to judicial proceedings. The hearing officer or hearing panel shall require the Housing Authority, the complainant, counsel and other participants or spectators to conduct themselves in an orderly fashion. Failure to comply with the directions of the hearing officer or hearing panel to maintain order may result in exclusion from the proceedings or in a decision adverse to the interests of the disorderly party and granting or denial of the relief sought, as appropriate.
7. The complainant or the Housing Authority may arrange, in advance and at the expense of the party making the arrangement, for a transcript of the hearing. Any interested party may purchase a copy of such transcript.
8. The following accommodation will be made for persons with disabilities:
  1. The Housing Authority shall provide reasonable accommodations for persons with disabilities to participate in the hearing. Reasonable accommodations may include qualified sign language interpreters, readers, accessible locations, or attendants.
  2. If the resident is visually impaired, any notice to the resident that is required by these procedures must be in an accessible format.
INFORMAL HEARING PROCEDURES FOR DENIAL OF ASSISTANCE ON THE BASIS OF INELIGIBLE IMMIGRATION STATUS
1. The participant family may request that the Housing Authority provide for an informal hearing after the family has notification of the INS decision on appeal, or in lieu of request of appeal to the INS. The participant family must make this request within 30 days of receipt of the Notice of Denial or Termination of Assistance, or within 30 days of receipt of the INS appeal decision.
DECISION OF THE HEARING OFFICER OR HEARING PANEL
1. The hearing officer or hearing panel shall prepare a written decision, together with the reasons therefore, within a reasonable time after the hearing. A copy of the decision shall be sent to the complainant and the Housing Authority. The Housing Authority shall retain a copy of the decision in the resident's folder. A copy of such decision, with all names and identifying references deleted shall also be maintained on file by the Housing Authority and made available for inspection by a prospective complainant, his representative, or the hearing panel, or hearing officer.
2. The decision of the hearing officer or hearing panel shall be binding on the Housing Authority which shall take all actions, or refrain from any necessary to carry out the decision unless the Board of Commissioners of the Housing Authority determines within a reasonable time, and promptly notifies the complainant of its determination, that:
  1. The grievance does not concern Housing Authority action or failure to act in accordance with or involving the complainant's lease or Housing Authority regulations, which adversely affect the complainant's rights, duties, welfare or status;
  2. The decision of the hearing officer or hearing panel is contrary to applicable federal, state or local law, HUD regulations or requirements of the Annual Contributions Contract between HUD and the Housing Authority.
3. A decision by the hearing officer, hearing panel, or Board of Commissioners in favor of the Housing Authority or which denies the relief requested by the complainant, in whole or in part, shall not constitute a waiver of, nor affect in any manner whatever, any rights the complainant may have to a trial de novo or judicial review in any judicial proceedings, which may thereafter be brought in the matter.
NOTICES
1. All notices under this grievance procedure shall be deemed delivered:
  1. upon personal service thereof upon the complainant or an adult member of the complainant's household,
  2. upon the date receipted for or refused by the addressee, in the case of certified or registered U.S. Mail, or
  3. on the second day after the deposit thereof for mailing, postage prepaid, with the U.S. Postal Service, if mailed by first class mail other than certified or registered mail.
CONCURRENT NOTICE
1. If a resident has filed a request for grievance hearing hereunder in a case involving the PHA's notice of termination of tenancy, the complainant should be aware that the State law notice to vacate and the notice of termination of tenancy required under Federal law run concurrently. Therefore, if the hearing officer upholds the PHA's action to terminate the tenancy, the PHA may commence an eviction action in court upon the sooner of, the expiration of the date for termination of tenancy and vacation of premises stated in the notice of termination delivered to complainant, or the delivery of the report of decision of the hearing officer to complainant.
MODIFICATION
1. This grievance procedure may not be amended or modified except by approval of a majority of the Board of Commissioners of the PHA present at a regular meeting or a special meeting called for such purposes. Further, in addition to the foregoing, any changes proposed to be made to this grievance procedure must provide for at least thirty (30) days advance notice to the residents and resident organization, setting forth the proposed changes and providing an opportunity to present written comments. The comments submitted shall be considered by the PHA before final adoption of any amendments hereto.
ADMINISTRATIVE PROCEDURES
1. The PHA grievance procedure shall be included in, or incorporated by reference in, all resident dwelling leases.
2. The PHA shall provide at least 30 days notice to residents and resident organizations setting forth proposed changes in the PHA grievance procedure, and proving an opportunity to present written comments. Comments submitted shall be considered by the PHA before adoption of any grievance procedure changes by the PHA.
3. The PHA shall furnish a copy of the grievance procedure to each resident and to resident organizations.