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Grievance Procedure for Public
Housing Residents
The purpose of this grievance
procedure is to assure that a Resident of a property leased from the Housing
Authority of Portland (HAP) is given an opportunity for a hearing if the
Resident disputes within a reasonable time any HAP action or failure to
act involving the Resident's lease with HAP or HUD regulations which adversely
affect the individual Resident's rights, duties, welfare, or status.
A. Complainant:
Any
Resident whose grievance is presented to HAP according to these procedures.
B. Hearing Officer/Panel:
A hearing officer/panel selected in accordance with Section VI. of this
procedure, to hear grievances and render a decision.
C. Grievance: Any
dispute which a Resident may have with respect to HAP action or failure
to act in accordance with the individual Resident's lease with HAP or
HUD regulations which adversely affects the individual Resident's rights,
duties, welfare, or status.
D. Resident: The
adult person (or persons) other than a live-in aide:
1. who resides in the
unit and who executed the Lease as lessee with HAP; or
2. who resides in the unit, and who is the remaining head of household
of the Resident family residing in the dwelling unit.
E. Resident Organization:
A group such as a Resident Council or Resident Management Corporation.
This grievance procedure
applies to all individual grievances between HAP and its residents except
that HAP excludes:
A. Disputes between
tenants not involving HAP;
B. Class action grievances;
C. Forums for initiating
or negotiating policy changes between a group or groups of Residents
and HAP's Board of Commissioners; and
D. So long as a Due
Process Determination by HUD is in effect for Oregon (see Section V
(E)), any grievance 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 premises of other Residents or employees of HAP; or
2. Any drug-related criminal activity on or near such premises.
A. Informal Settlement Conference: Any grievance shall be personally presented, in writing, to the appropriate HAP office within fourteen (14) days: (1) of an inaction by HAP or (2) of the date of a notice of HAP action. When the Grievance Procedure applies, HAP will offer the Resident an opportunity for an informal conference. Upon receipt of a written request for a conference, the Resident will be notified within a reasonable time of the date, time, and place of the informal conference.
If an informal settlement
conference is held, a written summary of the conference discussion shall
be prepared within a reasonable time; one copy shall be given to the
Resident and one copy will be retained in the Resident's file. The summary
shall specify the names of the participants, date of the meeting, the
nature of the proposed disposition of the complaint and the specific
reasons therefor; it shall also specify the procedures by which a hearing
may be obtained if the Complainant is not satisfied. The failure to
request an informal settlement conference does not waive the Complainant's
right to contest HAP's action in disposing of the complaint in an appropriate
judicial proceeding.
B.
Reasonable Accommodation: HAP must provide reasonable accommodation
for persons with disabilities to participate in the informal settlement
conference. Reasonable accommodation may include qualified sign language
interpreters, readers, or accessible meeting locations. For more information,
visit our Guide to Reasonable
Accommodation for Persons with Disabilities.
If the Complainant
is visually impaired, any notice to the Complainant which is required
under this grievance procedure must be in an accessible format.
A. Request for
a Hearing: The Complainant shall submit a written request to HAP's
office within seven (7) days after receipt of the summary of the informal
conference discussion. The request shall state:
1. the reason(s) for the
grievance; and
2. the action or relief requested.
B. Hearing Prerequisite:
All grievances shall be personally presented either orally or in writing
for the informal settlement conference as described in Section IV. as
a condition for the scheduling of a formal hearing. If the Complainant
shall show good cause to the Hearing Officer/ Panel why s/he failed
to proceed with the informal conference, this requirement may be waived
by the Hearing Officer/Panel.
C. Escrow Deposits:
Before a hearing is scheduled in any grievance involving rent which
HAP claims is due, the Complainant shall pay to HAP an amount equal
to the amount of 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 rent in an escrow
account monthly until the complaint is resolved by the Hearing Officer/Panel.
Unless waived, the failure to make such payments shall result in a termination
of the grievance procedure. Failure to make such payments shall not
constitute a waiver of any right the Complainant may have to contest
HAP's disposition of his/her grievance in any appropriate judicial procedure.
D. Scheduling of Hearings:
Upon the Complainant's compliance with paragraphs A., B., and C.
of this section, a hearing shall be scheduled by the Hearing Officer/Panel
promptly for a time and place reasonably convenient to both the Complainant
and HAP. A written notification specifying the date, time, place and
the procedures governing the hearing shall be delivered to the complainant
or an adult member of his/her household residing in the dwelling unit,
or sent by first class mail.
E. Expedited Grievance
Procedure: In the event that HUD's Due Process Determination is
withdrawn or becomes ineffective for any reason, HAP shall employ an
expedited grievance procedure for those grievances covered under Section
III. D. (criminal activity and drug?related activity). In those cases,
requirements and time limits for presenting a grievance and requesting
a hearing do not apply, and the Informal Settlement Conference is bypassed.
HAP shall schedule a hearing before the Hearing Officer/Panel no sooner
than the third business day following service of the eviction notice
(sixth day if notice is served by mail) and shall state in the eviction
notice to the Resident the date, time and place of the hearing. A failure
to appear at the hearing by the Resident (Complainant) shall be governed
by Section VII. D., except that the Hearing Officer/Panel may only postpone
the hearing for up to two (2) business days and may postpone only upon
a showing of good cause by the Resident (Complainant) why he/she did
not attend the hearing.
F. Failure to Request
a Hearing: If the Complainant does not request a hearing in accordance
with requirements of this section, then HAP's disposition of the grievance
becomes final. The failure to request a hearing does not waive the Complainant's
right to contest HAP's action in disposing of the complaint in an appropriate
judicial proceeding.
A. Selection of
the Hearing Officer/Panel: HAP
shall consult Resident Organizations before appointing a Hearing Officer/Panel
member. HAP shall appoint an impartial person or persons other than
a person or subordinate who made or approved the HAP action. No relatives,
friends or acquaintances of the Complainant shall serve as the Hearing
Officer or Panel member. A person living in the same development as
the Complainant shall not serve as the Hearing Officer or Panel member.
A. Hearing:
The hearing shall be heard before the Hearing Officer/Panel.
B. Due Process: The
Complainant shall be afforded a fair hearing which shall include:
- The opportunity to examine before the grievance
hearing any HAP documents, including records and regulations, that
are directly relevant to the hearing. The Complainant shall be allowed
to copy any such document at his/her own expense. If HAP does not
make the document available for examination upon request by the Complainant,
HAP may not rely on such document at the grievance hearing;
- The right to be represented by counsel or
other person chosen as the Complainant's representative, and to have
such person make statements on the Complainant's behalf;
- The right to a private hearing unless the
Complainant requests a public hearing;
- The right to present evidence and arguments
in support of his/her complaint, to dispute evidence relied upon by
HAP, and to confront and cross?examine all witnesses upon whose testimony
or information HAP relies;
- A decision based solely and exclusively upon
the facts presented at the hearing.
C. Issue Previously Decided:
The Hearing Officer/Panel may render a decision without proceeding
with the hearing if the the Hearing Officer/Panel determines that the
issue has been previously decided in another proceeding.
D. Failure to Appear:
If the Complainant or HAP fails to appear at a scheduled hearing, the
Hearing Officer/Panel may make a determination to postpone the hearing
for no more than five (5) business days or may make a determination
that the Complainant has waived his/her right to a hearing. Both the
Complainant and HAP shall be notified of the determination by the Hearing
Officer. The determination that the Complainant has waived his/her right
to a hearing shall not constitute a waiver of any right the Complainant
may have to contest HAP's disposition of the grievance in an appropriate
judicial proceeding.
E. Entitlement to Relief:
At the hearing, the Complainant must first show entitlement to the
relief requested; and thereafter, HAP must justify its action or failure
to act against which the complaint is directed.
F. Conduct of Hearing:
The hearing shall be conducted informally by the Hearing Officer/Panel.
Oral or documentary evidence pertinent to the facts and issues raised
by the Complainant may be received without regard to admissability under
the rules of evidence applicable to judicial proceedings. The Hearing
Officer/Panel shall require HAP, the Complainant, counsel, other participants,
or spectators to conduct themselves in an orderly fashion. Failure to
comply with the directions of the Hearing Officer/Panel to obtain order
may result in:
- exclusion from the proceedings; or
- in a decision adverse to the interests of
the disorderly party in the granting or denial of the relief requested,
as appropriate.
G.
Transcripts: The
Complainant or HAP 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.
H. Reasonable Accommodation: HAP must provide reasonable accommodation
for persons with disabilities to participate in the hearing. Reasonable
accommodation may include qualified sign language interpreters, readers,
or accessible meeting locations.
If the Complainant is visually impaired, any notice to the Complainant
which is required under this grievance procedure must be in an accessible
format.
A. Decision Results:
The
Hearing Officer/Panel shall prepare a written decision, together with
the reasons for the decision, within a reasonable time after the hearing.
A copy of the decision shall be sent to the Complainant and HAP. A copy
of the decision will be retained in the Complainant's Resident file.
A copy of such decision, with all names and identifying references deleted,
shall also be maintained in a file kept by HAP and made available for
inspection by a prospective Complainant, his/her representative, or
the Hearing Officer/Panel.
B. Decision Binding,
Exceptions: The decision of the Hearing Officer/Panel shall be binding
on HAP which shall take all actions, or refrain from any actions, necessary
to carry out the decision unless HAP's Board of Commissioners determines
within a reasonable time and promptly notifies the complainant of its
determination, that:
- The grievance does not concern HAP's action
or failure to act in accordance with or involving the Complainant's
lease or HAP's regulations, which adversely affect the Complainant's
rights, duties, welfare or status; and/or
- A decision of the Hearing Officer/Panel is
contrary to applicable Federal, State, or local law, HUD regulations
or requirements of the Annual Contributions Contract between HUD and
HAP.
C. Other Remedies:
A decision by the Hearing Officer/Panel or HAP Board of Commissioners
in favor of HAP 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, the rights the Complainant may have to a trial
de novo or review in any judicial proceedings, which may thereafter
be brought in the matter.
Revised 8/07
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