Loading...
Res 00-01HTHE HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF MOUND RESOLUTION RESOLUTION ADOPTING NEW GRIEVANCE PROCEDURES POLICY EFFECTIVE FEBRUARY 1, 2000. WHEREAS, the Mound Housing and Redevelopment Authority has now in effect a Public Housing Grievance Procedures Policy; and WHEREAS, said policy is out of date and needs to incorporate the new rules and regulations that have been passed. NOW THEREFORE BE IT RESOLVED by the Board of Cormnissioners of the Mound Housing and Redevelopment Authority that the new Grievance Procedures Policy, as attached, will be come effective February 1, 2000. Pat Meisel, Chairpers~on Date Karol Charon, Executive Director Date Definition A. Bo Mound Housing and Redevelopment Authority Grievance Procedure Effective: February 1, 2000 A "Grievance" is any dispute which a tenant may have with respect to the Housing Authority or failure to act in accordance with the individual tenant's lease or Housing Authority regulations which adversely affect the individual tenant's rights, duties, welfare or status. A "compliant" is any tenant whose grievance is presented to the Housing Authority or at the project management office informally or as part of the informal hearing process. Tenant is the adult person(s) - other than a live in aide who resides in the unit and who executed the lease with the Housing Authority as lessee of the dwelling unit or if now such person now resides in the unit, one who resides in the unit and who is the remaining head of household of the tenant family residing in the dwelling unit. ge Hearing Officer or panel shall mean an impartial, disinterested person or persons selected to hear grievance and render a decisions with respect thereto. "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: Adequate notice to the tenant of the grounds for terminating the tenancy and for eviction; Opportunity for the tenant to examine all relevant documents, records and regulations of the Housing Authority prior to the hearing for the purpose of preparing a defense; Right of the tenant to be represented by counsel; Opportunity for the tenant to refute the evidence presented by the Housing Authority including the right to confront and cross-examine witness and to present any affirmative legal or equitable defenses which the tenant may have. A decision on the merits. F, Resident Organization includes a Resident Management Corporation. II. Grievance Procedures Informal Grievance Procedures 1. Any grievance shall be personally presented orally or in writing to the Housing Authority office or to the complainant's project office. If the grievance is written, it must be signed and dated by the complainant. The grievances must be presented within a reasonable time, not in excess of the first working day after the f~h (5~) day of the action or failure to act which is the basis of the grievance. It may be simply stated, but shall specify: (a) the particular grounds upon which it is based; (b) the action requested; and (c) the name, address and telephone number of complainant and similar hfformation about his/her representative, if any. IlL 2. The purpose of'chis initial contact is to discuss and hopefully resolve grievance without the necessity of a formal hearing. 3. Within five working days, a summary of this discussion will be given to the complainant by a Housing Authority Representative, one copy to be filed in the Housing Authority's tenant files. 4. The summary will include: names of participants, date of the meeting, nature of the proposed disposition, specified reasons therefore, and shall specify steps by which a formal hearing can be obtained. 5. After exhausting procedures outlined above, if the complainant is dissatisfied with the proposed disposition of the grievance, he/she is entitled to a hearing before a Hearing Officer or Panel. He/she shall submit a written request for a hearing within (10 ) working days of delivery of the above-mentioned summary of the informal proceedings. 6. If the complainant does not request a hearing with ten (10) working days, he/she waives his/her right to a hearing and grievance will become final. Failure to request a hearing shall in no way constitute a waiver of the complainant's right to contest the Housing Authority's disposition of his/her grievance in an appropriate judicial hearing. Procedures to Obtain a Hearing A. Informal Prerequisite 1. All grievances shall be personally presented either orally or in writing pursuant to the informal procedure prescribed in Section II,AA. As a prerequisites to a formal hearing. If the complainant shall show good cause why he/she failed to proceed in accordance with Section II, A, 1. To the hearing officer or hearing panel, the provisions of this subsection may be waived by the hearing officer or panel. 2. If the complainant does not request a hearing within the time period allowed in Item II,A, 1.above, he/she waives his/her right to the hearing and proposed disposition of the grievance will become final. This shall not however constitute a waiver of the complainant's rigN thereafter to contest disposition of his/her grievance in an appropriate judicial proceeding. Escrow 1. Deposit Before a hearing is scheduled in any grievance involving an amount of rent the Housing Authority claims is due, the complainant shall pay to the Housing Authority all rent due and payable as 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 monthly rent in as escrow account monthly until the complaint is resolved by decision of the hearing official or panel. The above requirements (section III,B, 1 &2) may be waived by the Housing Authority in extraordinary circumstances. Unless so waived, failure to make the aforementioned payment shall result in termination of the grievance procedure. 5. Failure to make such payment shall not constitute a waiver of any fight the complainant may have to contest the Housing Authority's disposition 0fhis/her grievance in any appropriate judicial proceeding. IV. Selection of a Hearing Officer or Panel A. The hearing officer shall be an impartial, disinterested person or persons appointed by the Housing Authority, other than a person who made or approved the Housing Authority action under review or a subordinate of such person. The Housing Authority may provide for the appointment of a hearing officer or panel by an method which is approved by majority of tenants voting in an election or meeting of tenants held for treat purpose. Any comments or recommendations submitted by tenant organizations shall be considered by the Housing Authority. V. Scheduling A. Upon complainant's compliancy with the above (III,A,B) a hearing shall be scheduled by the hearing officer or panel promptly for a time and place reasonably convenient to both the complainant and the Housing Authority. B. ,4, written notification specifying the time, date, place and procedures goveming the hearing shall be delivered to the complainant and the appropriate Housing Authority official. VI. Expedited Grievance Procedure In the case of a grievance conducted under the expedited grievance procedure, the informal Hearing is bypassed. The complainant shall request a hearing by such time as specified by the Housing Authority. The Housing Authority has established an expedited grievance procedure and may use this procedure for any grievance concerning a termination of tenancy or eviction that involves: A. Any criminal activity that threatens the health, safety, or right to peaceful enjoyment of the premises by other residents or employees of the Housing Authority. B. Any drug or violent criminal behavior on or near such premises. VII. Procedures Governing the Hearing A. The hearing shall be held before a hearing officer or panel as appropriate. B. The complainant shall be afforded a fair hearing providing the basic safeguard of due process which shall include: 1. The opportunity to examine before the grievance hearing and at the expense of the complainant, copy all documents, records and regulations of the Housing Authority thai are directly relevant, to the hearing. If the Housing Authority does not make the document available for examination upon request by the complainant, the Housing Authority will no rely on such document at the grievance hearing. 2. The right to a private hearing unless the complainant requests a public hearing. 3. The right to be represented by counsel or other person chosen as his/her representative and to have such person make statements of the tenants behal~. 4. The right to present evidence and arguments in support of his/her complaint, to controvert evidence relied on by the Housing Authority or project management relies; and 5. A decision based solely and exclusively upon the facts presented at the hearing. C. If the hearing officer or panel determines that the issue has been previously decided in another proceeding, they may render a decision without proceeding with tile hearing. D. If the complainant or Housing Authority fail to appear at the scheduled hearing, the hearing officer or panel may make a determination to postpone the hearing for not to exceed five working days, or make a determination that the party has waved his/her right to a hearing. Such a determination in no way waives the complainant's right to appropriate judicial proceedings. E. 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 actions or failure to act against which the complainant is directed. F. The hearing shall be conducted by the hearing officer or panel in such a way to be: 1. Informal - Oral or documentary evidence pertinent to the facts and issues raised by the complaint may be received without regard to admissibility under the rules of evidence applicable to judicial proceedings; 2. Orderly - The officer or panel shall require that the housing Authority, complainant, counsel and other participants and spectators conduct themselves in an orderly fashion. Failure to comply with the directions of the hearing officer or panel to obtain order may result in exclusion from the proceedings or decision adverse to the interests of the disorderly party and granting or denial the relief sought, as appropriate. G. The complainant or Housing Authority may arrange in advance and at the expense of the party making the arrangement, for a transcript of the hearing, ga~y interested party may purchase a copy of such transcript. H. The Housing Authority will provide reasonable accommodations for persons with disabilities to participate in the hearing. 1. Reasonable accommodation may include qualified sign language interpreters, readers, accessible locations or attendants. 2. If the tenant is visually impaired, any notice which is required under this procedure will be in an accessible format. VIII. Decisions of the Hearing Officer or Panel A.. Within 10 working days following the hearing the hearing officer or panel shall give the complainant and the Housing Authority a written decision including reasons therefore. The Housing Authority will file on copy in their tenant files and maintain another copy with names and identifying references deleted for a prospective complainant, his/her representative, or hearing officer or panel. Be The decision of the hearing officer or panel shall be binding on the Housing Authority which shall take all actions necessary to carry out the decision unless the Housing Commissioners determine, within five working days and notified the complainant that: 1. The grievance does not concern Housing Authority action or failure to act in accordance with or involving the complainant's lease on Housing Authority regulations, which adversely affect the complainants's rights, duties, welfare or status. The decision of the hearing officer or panel is contrary to applicable Federal, State or Local law, JUl) regulations or requirements of the Annual Contributions Contract between HUD and the Housing Authority C. A decision by the hearing officer or panel or Housing Commissioners in favor of the Housing Authority or which denies the relief requested by the complainant in whole or part shall not constitute a waiver of, nor affect in any manner whatever, the fights the complainant may have to a new trail or judicial review in may proceedings, which may thereafter be brought in the matter. IX. Housing Authority Evictions Actions A notice to vacate which is required by State or Local law may be combined with or run concurrently with a notice of lease termination. The tenancy shall not terminate even if any notice to vacate under State or Local law has expired until the grievance process has been completed so long as the hearing was requested in a timely manner.