[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: 24CFR966.56]



[Page 490-491]

 

                 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.  966.56  Procedures governing the hearing.



    (a) The hearing shall be held before a hearing officer or hearing 

panel, as appropriate.

    (b) The complainant shall be afforded a fair hearing, which shall 

include:

    (1) The opportunity to examine before the grievance hearing any PHA 

documents, including records and regulations, that are directly relevant 

to the hearing. (For a grievance hearing concerning a termination of 

tenancy or eviction, see also Sec.  966.4(m).) The tenant shall be 

allowed to copy any such document at the tenant's expense. If the PHA 

does not make the document available for examination upon request by the 

complainant, the PHA may not rely on such document at the grievance 

hearing.

    (2) The right to be represented by counsel or other person chosen as 

the tenant's representative, and to have such person make statements on 

the tenant's behalf;

    (3) The right to a private hearing unless the complainant requests a 

public hearing;

    (4) The right to present evidence and arguments in support of the 

tenant's complaint, to controvert evidence relied on by the PHA or 

project management, and to confront and cross-examine all witnesses upon 

whose testimony or information the PHA or project management relies; and

    (5) A decision based solely and exclusively upon the facts presented 

at the hearing.

    (c) The hearing officer or hearing panel may render a decision 

without proceeding with the hearing if the hearing officer or hearing 

panel determines that the issue has been previously decided in another 

proceeding.

    (d) If the complainant or the PHA fails to appear at a scheduled 

hearing, the hearing officer or hearing panel may make a determination 

to postpone the hearing for not to exceed five business days or may make 

a determination that the party has waived his right to a hearing. Both 

the complainant and the PHA shall be notified of the determination by 

the hearing officer or hearing panel: Provided, That a determination 

that the complainant has waived his right to a hearing shall not 

constitute a waiver of any right the complainant may have to contest the 

PHA's disposition of the grievance in an appropriate judicial 

proceeding.

    (e) At the hearing, the complainant must first make a showing of an 

entitlement to the relief sought and thereafter the PHA must sustain the 

burden of justifying the PHA action or failure to act against which the 

complaint is directed.

    (f) The hearing shall be conducted informally by the hearing officer 

or hearing panel and oral or documentary evidence pertinent to the facts 

and issues raised by the complaint may be received without regard to 

admissibility



[[Page 491]]



under the rules of evidence applicable to judicial proceedings. The 

hearing officer or hearing panel shall require the PHA, the complainant, 

counsel and other participants or spectators to conduct themselves in an 

orderly fashion. Failure to comply with the directions of the hearing 

officer or hearing panel to obtain order may result in exclusion from 

the proceedings or in a decision adverse to the interests of the 

disorderly party and granting or denial of the relief sought, as 

appropriate.

    (g) The complainant or the PHA 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) Accommodation of persons with disabilities. (1) The PHA must 

provide reasonable accommodation for persons with disabilities to 

participate in the hearing. Reasonable accommodation may include 

qualified sign language interpreters, readers, accessible locations, or 

attendants.

    (2) If the tenant is visually impaired, any notice to the tenant 

which is required under this subpart must be in an accessible format.



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

and amended at 56 FR 51580, Oct. 11, 1991]