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What are the steps of a grievance process in state public housing?While, in general, the steps of a grievance process for state and federalpublic housing are similar, there are some differences that are important to know. The way the grievance process works also depends on whether the housing authority is taking action against you, or whether you are filing a grievance against the housing authority.
If you have filed a request for a grievance hearing or you are appealing a grievance decision, a housing authority may not take any other action against you until a final decision has been reached. This means that the housing authority cannot bring you to court to evict you or take other action on the subject of the grievance (such as a transfer) until the grievance process is over.1 Housing authority is taking action against you
You are taking action against housing authority
In some cases, a housing authority may have a different procedure. For example, some housing authorities automatically schedule private conferences in all eviction cases, and treat them as informal settlement conferences. Where this is the case, the tenant would not need to make a formal request for a settlement conference. What are the steps of a grievance process in federal public housing?While, in general, the steps of a grievance process for state and federal public housing are similar, there are some differences that are important to know. The way the grievance process works also depends on whether the housing authority is taking action against you, or whether you are filing a grievance against the housing authority.
If you have filed a request for a grievance hearing or you are appealing a grievance decision, a housing authority may not take any other action against you until a final decision has been reached. This means that the housing authority cannot bring you to court to evict you or take other action on the subject of the grievance (such as a transfer) until the grievance process is over.2 Housing authority is taking action against you
You are taking action against housing authority
In some cases, a housing authority may have a different procedure than is in these charts. For example, some housing authorities automatically schedule private conferences in all eviction cases, and treat them as informal settlement conferences. Where this is the case, the tenant would not need to make a formal request for a settlement conference. How do I file a public housing grievance?If you have received a notice that the housing authority is taking some action against you, your request for a grievance must be in writing. This is true for both state and federal public housing. In your grievance it is important to state why you disagree with the action proposed by the housing authority and how you want to solve the problem. If you want to file a grievance against the housing authority and you live in state public housing, you must put this in writing. In federal public housing, although you may verbally ask for a grievance hearing, it is best to put this grievance in writing.3 The reason it is better to put your grievance in writing is that a housing authority may deny that you ever filed a grievance. In your grievance it is important that you state what the problem is and how you want the housing authority to solve it. Most housing authorities will have a standard grievance form that you can use to request a grievance hearing. If yours doesn't have one, you can write your own letter. It is a good idea to hand deliver your grievance to either the local management office or the housing authority's main office. Ask the staff person who accepts it to make a copy for you and sign and date your copy. Then you will have a record that the grievance was received and the date it was received. If you cannot hand deliver your grievance, you can send it by mail.
Are there deadlines for filing a public housing grievance?In general, yes. To figure out deadlines for filing a grievance check:
Once you figure out what the deadline is, you should hand deliver or mail the request for a grievance to the housing authority's main office by that date (unless the housing authority says you can deliver it to your local management office). State public housingIn state public housing, if there is no provision in your lease or the housing authority's grievance procedure about deadlines for filing a grievance, state regulations establish the following time frames within which you should request a grievance hearing:
The housing authority can permit additional time for the filing of a grievance if there is a good reason that it was filed late and the late filing will not cause prejudice or harm to the housing authority.6 You should explain in the grievance why it was late - for example, you did not get notice from the housing authority right away or you were involved in a family emergency. Federal public housingThere are no specific time frames set under federal rules, other than that a grievance must be filed within a reasonable time after you receive a summary of the informal settlement conference.7 To figure out what deadlines your housing authority may have for filing a grievance, look at your housing authority's grievance procedure, your lease, or any notice you receive from the housing authority. If your grievance is late, you can ask for additional time if there was a good reason why it was filed late. If the grievance is called an expedited grievance, which is a faster process, a grievance must be filed by the time specified under your housing authority's expedited grievance procedure. How soon does the housing authority have to respond to my public housing grievance?State public housingAfter a grievance has been filed, a housing authority must "promptly" schedule an informal settlement conference. The regulations do not define what "promptly" means.8 Check your grievance procedure to see whether it states how quickly the housing authority must schedule an informal settlement conference. If there is no resolution of the matter at an informal settlement conference, a grievance hearing must be scheduled as soon as "reasonably convenient" following the housing authority's receipt of your grievance. Again, the regulations do not define what "reasonably convenient" means.9 If, however, the grievance involves determining whether there is good cause to end or terminate your lease, the housing authority must schedule a grievance hearing within 14 days (or as soon as reasonably practical) after the housing authority receives your request for a grievance.10 If the housing authority is not responding to your request for a grievance in a prompt manner, you may need to take further steps such as sending your original grievance a second time, with a request that the matter be addressed promptly. Federal public housingUnder the federal regulations, there is no specific time frame within which a housing authority must schedule an informal settlement conference. Once the conference happens, a summary of it must be prepared within a "reasonable time."11 If there is no resolution of the matter at an informal settlement conference, a grievance hearing must be "promptly" scheduled.12 The regulations do not define what "promptly" means. A housing authority may also establish a quick or expedited grievance procedure for any grievance concerning a termination of your tenancy.13 Again, there is no specific timeframe in the federal regulations. Check your lease to see if it states any timeframes for the housing authority to respond to your grievance. What is an informal settlement conference in public housing?In both state and federal public housing, before you have a grievance hearing, the housing authority should give you an opportunity to discuss the grievance informally in an attempt to settle it without the need for a hearing. This is referred to as an informal settlement conference. The housing authority should give you reasonable advance notice of a time and place for the informal conference, unless the housing authority proposes to hold the informal settlement conference when you deliver the grievance and you agree to that. If you would like support or someone with you during your informal conference, you have a right to have someone with you. Don't let a housing authority discourage you from bringing someone if you want.
If you work out a solution to your satisfaction at an informal conference, you and housing authority staff should put this agreement in writing and sign it. Many grievances are resolved this way, with no need for a grievance hearing. However, if you are not satisfied with the solution the housing authority is proposing, you may continue to bring your grievance before an impartial hearing officer or hearing panel. State public housingIn state public housing, the informal conference happens after you file your grievance and prior to your hearing. You are encouraged, but not required, to attend the informal settlement conference.14 You may choose to also be represented by a lawyer or non-lawyer.15 If you can't work things out at the informal settlement conference or you do not go to your informal settlement conference, the grievance hearing will automatically be held, without any requirement that you take further steps.16 Federal public housingIn federal public housing, you must go through an informal settlement conference- unless the housing authority's action concerns an eviction involving drug-related activity on or near the premises or criminal activity that threatens the health, safety or peaceful enjoyment of the housing authority staff or other tenants.17 For such cases, an informal settlement conference is usually not provided, and the housing authority can proceed either directly to the grievance hearing (which is called an expedited hearing) or to an eviction case in court.18 But check your lease and grievance procedures, because some housing authorities offer what is called a private conference in all eviction cases prior to serving a notice to quit. This private conference serves the same purpose as an informal conference. If you go through an informal conference, the housing authority must prepare a written summary of the conference. It must do so within a reasonable time after the conference and give you a copy. This summary must state the proposed solution, the reasons for it, and the steps you need to take to have a grievance hearing if you are not satisfied with the outcome of the informal conference. If you want a grievance hearing after an informal conference, you will need to file a written request for a grievance hearing. If you do not file a formal request for a grievance, you may lose your right to a grievance hearing. 1760 C.M.R. § 6.06(8)(b), and 24 C.F.R. § 966.4(e)(8)(ii)(B), (l)(3)(iv); see also Cambridge Housing Authority v. Wedge, 2000 Mass. App. Div. 235 (eviction dismissed where grievance procedure not concluded at time housing authority filed action). 2760 C.M.R. § 6.06(8)(b), and 24 C.F.R. § 966.4(e)(8)(ii)(B), (l)(3)(iv); see also Cambridge Housing Authority v. Wedge, 2000 Mass. App. Div. 235 (eviction dismissed where grievance procedure not concluded at time housing authority filed action). 5760 C.M.R. §§ 6.06(8)(a), 6.08(4)(a). 1224 C.F.R. § 966.55(f) . If a housing authority has a pattern of not acting on grievances in a timely manner, this could be challenged in court. See Samuels v. District of Columbia Housing Authority, 669 F. Supp. 1133 (D.D.C. 1987) where the court found that the housing authority had failed to develop a grievance procedure under which tenant complaints would be heard and processed in a timely fashion. 15See Public Housing Notice 2000-03, Part A, issued by DHCD to all local housing authorities on July 3, 2000. 1724 C.F.R. § 966.55(d) . However, if a tenant can show good cause why she failed to proceed in accordance with the informal settlement conference procedure, the requirements for exhausting the informal settlement conference can be waived by the hearing officer or panel. Produced by Massachusetts Law Reform Institute Last updated 28 November, 2006 |