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HUD Housing Programs: Tenants’ Rights (The Green Book): 2.8.6.4 Types and Number of Waiting Lists

Each PHA may have a number of waiting lists. The lists may be organized by development, by community, by unit size, etc. Also, each PHA may have separate lists for public housing and the Voucher program. Within any jurisdiction, there is no central place to apply for all the affordable low-income housing in the area. Applicants therefore must apply to each PHA serving the rental market and each HUD-assisted and subsidized owner.

HUD Housing Programs: Tenants’ Rights (The Green Book): 2.8.8.1 Overview

All applicants for public housing, the Voucher program and HUD-assisted and subsidized housing are entitled by regulation894 or due process895 to a review if they are rejected, removed from the waiting list, denied a preference or treated adversely under the non-citizen rule. The nature of the review varies for each program. In general, it includes the right to be heard, to present evidence, to be represented and to receive a written decision with reasons based on the evidence in the record.

HUD Housing Programs: Tenants’ Rights (The Green Book): 2.8.8.2 Public Housing

Applicants rejected for public housing are entitled to an “informal hearing.”900 While the regulations do not discuss the elements of that hearing, several courts have.901 These courts have determined that at the hearing, the applicant must have a reasonable opportunity to prepare a rebuttal and be able to contest meaningfully the basis for the unfavorable decision.902 At the hearing, no stenographic record is required, but that should not prevent

HUD Housing Programs: Tenants’ Rights (The Green Book): 2.8.8.3 Voucher Program

In the Voucher program, HUD regulations establish different procedures to review the PHA’s determination, depending upon whether the person is classified as an “applicant” or a “participant.” According to HUD, “participants” are families that have been admitted to the PHA’s program, and the PHA has executed the first Housing Assistance Payments (HAP) contract with an owner on their behalf.913 All others are applicants.914 Thus, under HUD’s definition, people who apply for a Voucher, are on the w

HUD Housing Programs: Tenants’ Rights (The Green Book): 2.8.8.4 HUD-Assisted and Subsidized Housing

In addition to any procedures that may be required by due process,926 HUD-assisted and subsidized owners must inform any rejected applicant of the opportunity to respond in writing or to request a meeting.927 The meeting must be conducted by a member of the owner’s staff who did not make the original rejection decision.928 Unlike the public housing or the Voucher program, there are no guidelines describing how this review should be conducted, which

HUD Housing Programs: Tenants’ Rights (The Green Book): 10.1 Introduction

The various administrative procedures available under the major HUD housing programs, including the public housing grievance procedure, the informal hearing for Voucher participants, the meetings sometimes required with the owner or manager of HUD-assisted and subsidized housing, and the hearings for determining eligibility of non-citizens, may have great value for tenants.

HUD Housing Programs: Tenants’ Rights (The Green Book): 10.2.1.1 Overview

This section discusses both the legal framework and issues related to implementation of the public housing grievance procedure, including: (1) a brief historical development of the grievance procedure; (2) the scope of the grievance process; (3) the exceptions to the grievance process; (4) the grievance process itself; (5) post-hearing options for public housing residents; and (6) issues concerning negotiating and implementing grievance procedures. HUD guidance also contains a sample grievance procedure.7

HUD Housing Programs: Tenants’ Rights (The Green Book): 10.2.1.3 General Purpose

The grievance procedure is designed to improve management–tenant relationships in public housing and promote an improved housing environment, and to avoid costly and divisive litigation by channeling disputes into an informal and relatively non-adversarial administrative process that provides aggrieved tenants with most of the essential elements of due process.14 At a minimum, the procedure must enable tenants to mitigate the damage suffered from mistakes or from arbitrary or abusive management practices.

HUD Housing Programs: Tenants’ Rights (The Green Book): 10.2.2.1 Overview

The grievance procedure is designed to resolve individual tenant complaints. A tenant can use the grievance process when that tenant has an individual dispute concerning a PHA action or non-action involving either the tenant’s lease or any PHA regulation that adversely affects the tenant’s rights, duties, welfare, or status,15 and is not otherwise excluded from the grievance procedure. These threshold requirements are discussed below.

HUD Housing Programs: Tenants’ Rights (The Green Book): 10.2.2.2 Only Available to Tenants

To bring a public housing grievance, a person must be a “tenant;” this includes: (1) the adult person (or persons) who resides in the public housing unit and who executed the lease as lessee; or (2) where there is no such person, the person who resides in the unit and is the remaining head of household.16 Note that a tenant is generally affected by an adverse PHA decision that directly concerns another person associated with a household, such as a live-in aide or a person seeking to join the residence, and thus may grieve a decision excluding o

HUD Housing Programs: Tenants’ Rights (The Green Book): 10.2.2.6 Exceptions

A public housing resident’s right to a grievance is subject to certain exceptions. A PHA need not provide the grievance procedure in evictions based upon certain types of criminal activity.31 In addition, tenants are not entitled to a grievance procedure to resolve disputes between tenants (and not involving the PHA) or to address class grievances and policy changes.32 Each exception is discussed below.

HUD Housing Programs: Tenants’ Rights (The Green Book): 10.2.3.1 Overview

Statutes and regulations require PHAs to incorporate specific resident protections into every grievance procedure and administer them properly. Despite these mandates, some PHAs may simply fail to adopt a grievance procedure; others may fail to use it as required by law.50 Other PHAs may be plagued with bad faith administration or inherent process deficiencies.

HUD Housing Programs: Tenants’ Rights (The Green Book): 10.2.3.4.1 Overview

A tenant first presents a grievance to the PHA for possible informal settlement.66 The resident must personally present the grievance, either orally or in writing, to the PHA or the project office.67 A failure to present the grievance for informal settlement may preclude obtaining a hearing.68 To avoid any dispute as to whether the grievance was presented to the PHA, advocates should encourage the resident to submit a written grievance and hearing reques

HUD Housing Programs: Tenants’ Rights (The Green Book): 10.2.3.4.2 Timely Written Request with Reasons

If the informal conference fails to produce a settlement, the resident may pursue a hearing. The PHA must notify the resident of this right and the procedure for obtaining a hearing in the written summary of the informal conference.79 While some PHAs may provide the hearing automatically, a resident should consider submitting a written request anyway. Submitting a request avoids any issue over whether a hearing was timely requested, and may provide another opportunity for negotiation.