[Code of Federal Regulations]

[Title 24, Volume 4]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 24CFR966.51]



[Page 487-488]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

CHAPTER IX--OFFICE OF ASSISTANT SECRETARY FOR PUBLIC AND INDIAN HOUSING, 

               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

 

PART 966_PUBLIC HOUSING LEASE AND GRIEVANCE PROCEDURE--Table of Contents

 

             Subpart B_Grievance Procedures and Requirements

 

Sec.  966.51  Applicablity.



    (a)(1) The PHA grievance procedure shall be applicable (except as 

provided in paragraph (a)(2) of this section) to all individual 

grievances as defined in Sec.  966.53 of this subpart between the tenant 

and the PHA.

    (2)(i) The term due process determination means a determination by 

HUD that law of the jurisdiction requires that the tenant must be given 

the opportunity for a hearing in court which provides the basic elements 

of due process (as defined in Sec.  966.53(c)) before eviction from the 

dwelling unit. If HUD has issued a due process determination, a PHA may 

exclude from the PHA administrative grievance procedure under this 

subpart 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 of other residents or employees of 

the PHA;

    (B) Any violent or drug-related criminal activity on or off such 

premises; or

    (C) Any criminal activity that resulted in felony conviction of a 

household member.

    (iii) For guidance of the public, HUD will publish in the Federal 

Register a



[[Page 488]]



notice listing the judicial eviction procedures for which HUD has issued 

a due process determination. HUD will make available for public 

inspection and copying a copy of the legal analysis on which the 

determinations are based.

    (iv) If HUD has issued a due process determination, the PHA may 

evict the occupants of the dwelling unit through the judicial eviction 

procedures which are the subject of the determination. In this case, the 

PHA is not required to provide the opportunity for a hearing under the 

PHA's administrative grievance procedure.

    (b) The PHA grievance procedure shall not be applicable to disputes 

between tenants not involving the PHA or to class grievances. The 

grievance procedure is not intended as a forum for initiating or 

negotiating policy changes between a group or groups of tenants and the 

PHA's Board of Commissioners.



[40 FR 33406, Aug. 7, 1975. Redesignated at 49 FR 6714, Feb. 23, 1984, 

and amended at 56 FR 51579, Oct. 11, 1991; 61 FR 13273, Mar. 26, 1996; 

66 FR 28804, May 24, 2001]