[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: 24CFR966.53]



[Page 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.  966.53  Definitions.



    For the purpose of this subpart, the following definitions are 

applicable:

    (a) Grievance shall mean any dispute which a tenant may have with 

respect to PHA action or failure to act in accordance with the 

individual tenant's lease or PHA regulations which adversely affect the 

individual tenant's rights, duties, welfare or status.

    (b) Complainant shall mean any tenant whose grievance is presented 

to the PHA or at the project management office in accordance with 

Sec. Sec.  966.54 and 966.55(a).

    (c) 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:

    (1) Adequate notice to the tenant of the grounds for terminating the 

tenancy and for eviction;

    (2) Right of the tenant to be represented by counsel;

    (3) Opportunity for the tenant to refute the evidence presented by 

the PHA including the right to confront and cross-examine witnesses and 

to present any affirmative legal or equitable defense which the tenant 

may have;

    (4) A decision on the merits.

    (d) Hearing officer shall mean a person selected in accordance with 

Sec.  966.55 of this subpart to hear grievances and render a decision 

with respect thereto.

    (e) Hearing panel shall mean a panel selected in accordance with 

Sec.  966.55 of this subpart to hear grievances and render a decision 

with respect thereto.

    (f) Tenant shall mean the adult person (or persons) (other than a 

live-in aide):

    (1) Who resides in the unit, and who executed the lease with the PHA 

as lessee of the dwelling unit, or, if no such person now resides in the 

unit,

    (2) Who resides in the unit, and who is the remaining head of 

household of the tenant family residing in the dwelling unit.

    (g) Resident organization includes a resident management 

corporation.



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

and amended at 56 FR 51579, Oct. 11, 1991]