[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: 24CFR966.57]



[Page 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.  966.57  Decision of the hearing officer or hearing panel.



    (a) The hearing officer or hearing panel shall prepare a written 

decision, together with the reasons therefor, within a reasonable time 

after the hearing. A copy of the decision shall be sent to the 

complainant and the PHA. The PHA shall retain a copy of the decision in 

the tenant's folder. A copy of such decision, with all names and 

identifying references deleted, shall also be maintained on file by the 

PHA and made available for inspection by a prospective complainant, his 

representative, or the hearing panel or hearing officer.

    (b) The decision of the hearing officer or hearing panel shall be 

binding on the PHA which shall take all actions, or refrain from any 

actions, necessary to carry out the decision unless the PHA Board of 

Commissioners determines within a reasonable time, and promptly notifies 

the complainant of its determination, that

    (1) The grievance does not concern PHA action or failure to act in 

accordance with or involving the complainant's lease on PHA regulations, 

which adversely affect the complainant's rights, duties, welfare or 

status;

    (2) The decision of the hearing officer or hearing panel is contrary 

to applicable Federal, State or local law, HUD regulations or 

requirements of the annual contributions contract between HUD and the 

PHA.

    (c) A decision by the hearing officer, hearing panel, or Board of 

Commissioners in favor of the PHA or which denies the relief requested 

by the complainant in whole or in part shall not constitute a waiver of, 

nor affect in any manner whatever, any rights the complainant may have 

to a trial de novo or judicial review in any judicial proceedings, which 

may thereafter be brought in the matter.