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The
Housing Authority's Public Housing Resident Grievance Procedures
is provided below. Click on a section to jump to that section, or
scroll down to view the entire procedure.
1.0 Right to a Hearing
Upon the filing of a written request as provided in these procedures,
a resident shall be entitled to a hearing before a Hearing Officer.
2.0 Definitions
For the purpose of this Grievance Procedure, the following definitions
are applicable:
A. "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 Authority 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 criminal activity that threatens
the health, safety, or right to a peaceful enjoyment of the Authority's
public housing premises by other residents or employees of the Authority;
or any violent or drug-related criminal activity on or near such
premises. Nor shall this process apply to disputes between residents
not involving the Housing Authority or to class grievances.
B. "Complainant" shall mean any resident whose
grievance is presented to the Housing Authority or at the development
management office in accordance with sections 3.0 and 4.0 of this
procedure.
C. "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 Authority including the right to confront and cross examine
witnesses and to present any affirmative legal or equitable defense
which the resident may have; and
4. A decision on the merits.
D.
"Hearing Officer" shall mean a person selected in
accordance with Section 4.0 of these procedures to hear grievances
and render a decision with respect thereto.
E. "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 Housing
Authority as lessee of the premises, or, if no such person now
resides in the premises,
2. Who resides in the unit and who is the remaining head of household
of the resident family residing in the unit.
F.
"Resident Organization" includes a resident management
corporation.
G. "Promptly" (as used in section 3.0 and 4.0 [D]),
shall mean within the time period indicated in a notice from Housing
Authority of a proposed action which would provide the basis for
a grievance if the resident has received a notice of a proposed
action from the agency.
3.0 Procedures Prior to a Hearing
Any grievance shall be promptly and personally presented, either
orally or in writing, to the Housing Authority's Administrative
Office so that the grievance may be discussed informally and settled
without a hearing. A summary of such discussion shall be prepared
within fourteen (14) calendar days and one copy shall be given to
the resident and one retained in the Authority's resident file.
The summary shall specify the names of the participants, dates of
the meeting, the nature of the proposed disposition of the complaint
and the specific reasons therefor, and shall specify the procedures
by which a hearing under these procedures may be obtained if the
resident is not satisfied.
4.0 Procedures to Obtain a Hearing
4.1 Request for Hearing
The resident shall submit a written request for a hearing to the
Authority or the development office within fourteen (14) calendar
days from the date of the mailing of the summary of the discussion
pursuant to section 3.0. The written request shall specify:
A.
The reasons for the grievance; and
B. The action or relief sought.
4.2 Selection of a Hearing Officer
A grievance hearing shall be conducted by an impartial person appointed
by the Housing Authority other than a person who made or approved
the action under review or a subordinate of such person.
The Housing Authority shall annually submit a list of prospective
hearing officers. This list shall be provided to any existing resident
organization(s) for such organization's comments or recommendations.
The Housing Authority shall consider any comments or recommendations
by a resident organization.
From this list, a hearing officer shall be selected.
4.3 Failure to Request a Hearing
If the resident does not request a hearing in accordance with this
section, then the Housing Authority's disposition of the grievance
under section 3.0 shall become final. However, failure to request
a hearing does not constitute a waiver by the resident of the right
thereafter to contest the Housing Authority's action in disposing
of the complaint in an appropriate judicial proceeding.
4.4 Hearing Prerequisite
All grievances shall be promptly presented in person, either orally
or in writing, pursuant to the informal procedure prescribed in
section 3.0 as a condition precedent to a hearing under this Section.
However, if the resident can show good cause why there was failure
to proceed in accordance with section 3.0 to the Hearing Officer,
the provisions of this subsection may be waived by the Hearing Officer.
4.5 Escrow Deposit
Before a hearing is scheduled in any grievance involving the amount
of rent as defined in the lease which the Housing Authority claims
is due, the resident shall pay 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 resident shall thereafter deposit monthly the same amount
of the monthly rent in an escrow account held by the Housing Authority
until the complaint is resolved by decision of the Hearing Officer.
Amounts deposited into the escrow account shall not be considered
as acceptance of money for rent during the period in which the grievance
is pending. In extenuating circumstances, the Housing Authority
may waive these requirements. Unless so waived, the failure to make
such payments shall result in a termination of the grievance procedure.
However, failure to make payment shall not constitute a waiver of
any right the resident may have to contest the Housing Authority's
disposition of his/her grievance in any appropriate judicial hearing.
4.6 Scheduling of Hearings
Upon the resident's compliance with this section the Hearing Officer
shall promptly schedule a hearing for a time and place reasonably
convenient to both the resident and the Housing Authority. A written
notification specifying the time, place and the procedures governing
the hearing shall be delivered to the resident and the appropriate
agency official.
5.0 Procedures Governing the Hearing
The resident shall be afforded a fair hearing, which shall include:
A.
The opportunity to examine before the grievance hearing any Authority
documents, including records and regulations that are directly
relevant to the hearing. The resident shall be provided a copy
of any such document at the resident's expense. If the Housing
Authority does not make the document available for examination
upon request by the resident, the Housing Authority may not rely
on such document at the grievance hearing.
B. The right to be represented by counsel or other person chosen
as the resident's representative and to have such person make
statements on the resident's behalf;
C. The right to a private hearing unless the resident requests
a public hearing;
D. The right to present evidence and arguments in support of the
resident's complaint, to controvert evidence relied on by the
Authority or development management, and to confront and cross
examine all witnesses upon whose testimony or information the
Housing Authority or development management relies; and
E. A decision based solely and exclusively upon the facts presented
at the hearing.
The Hearing
Officer may render a decision without holding a hearing if the Hearing
Officer determines that the issue has been previously decided at
another hearing.
If either the resident or Authority fails to appear at a scheduled
hearing, the Hearing Officer may postpone the hearing for up to
five business days or determine that the missing party has waived
their right to a hearing. Both the Housing Authority and the resident
shall be notified of the Hearing Officer's decision. This decision
shall not waive a resident's right to contest the disposition of
the grievance in an appropriate judicial proceeding.
The following accommodation will be made for persons with disabilities:
A.
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.
B. If the resident is visually impaired, any notice to the resident
that is required by these procedures must be in an accessible
format.
6.0 Information Hearing Procedures for
Denial of Assistance on the Basis of Ineligible Immigration Status
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.
7.0 Decision of the Hearing Officer
The Hearing Officer shall prepare a written decision, together with
the reasons therefor, within fourteen (14) calendar days after the
hearing. A copy of the decision shall be sent to the resident and
the Housing Authority. The 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 or her representative, or the
Hearing Officer.
The decision of the Hearing Officer shall be binding on the Housing
Authority who shall take all actions, or refrain from any actions,
necessary to carry out the decision unless the Housing Authority's
Board of Commissioners determines within reasonable time, and promptly
notifies the complainant of its determination, that:
A.
The grievance does not concern Housing Authority action or failure
to act in accordance with or involving the resident's lease or
Authority regulations, which adversely affect the resident's rights,
duties, welfare or status;
B. The decision of the Hearing Officer is contrary to applicable
Federal, State, or local law; Authority regulations; or requirements
of the Annual Contributions Contract between the Authority and
the U.S. Department of Housing and Urban Development.
A decision
by the Hearing Officer or Board of Commissioners of the Authority
in favor of the Housing Authority or which denies the relief requested
by the resident in whole or in part shall not constitute a waiver
of, nor affect in any manner whatsoever, any rights the resident
may have to a trial do novo or judicial review in any judicial proceedings,
which may thereafter be brought in the manner.
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