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HomeMy WebLinkAbout1974-05-07; Housing Authority; Resolution 311 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 RESOLUTION NO. 31 A RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF CARLSBAD, CALIFORNIA CREATING AND ESTABLISHING A HEARING BOARD WHEREAS, HUD Circular RHM 7465.9 dated February 22, 1971, establishes the requirement for a grievance procedure; and WHEREAS, the Carlsbad Housing Authority in seeking to comply with the above requirements has determined the need for a hearing body by which it can implement a grievance procedure; and WHEREAS, the Carlsbad Housing Authority, having determined a need, does consider such a body to be in the public interest; NOW, THEREFORE, BE IT RESOLVED by the Carlsbad Housing Authority of the City of Carlsbad, California: Section 1. Under the authority vested in it by Housing Authorities Law, as amended, of California, the Carlsbad Housing Authority does hereby designate a hearing body as the Carlsbad Housing Authority Hearing Appeals Board. Section 2. The Hearing Appeals Board shall be composed of members appointed from the community at large, and in every case possible, be bilingual, English and Spanish speaking. Section 3. The Hearing Appeals Board shall be charged with the responsibility for hearing all complaints or grievances that may be referred to it by the Executive Director of the Carlsbad Housing Authority. Further, the Hearing Appeals Board will determine its finding based upon the facts as presented and upon applicable Carlsbad Housing Authority and the Department of Housing and Urban Development regulations. Section 4. The Hearing Appeals Board shall be composed of three members. Section 5. Members originally appointed will serve staggered terms. One member will serve for one year, one member will serve for two years, and the third member will serve for three years. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 -2- The chairman will be appointed by the Chairman of the Carlsbad Housing Authority with the consent and approval of the Authority members and will serve for a term of one year. Any member unable, unwilling, or resigning will be replaced by an appointment to cover the remaining balance of his unserved term. Section 6. The Board will meet upon the call of the chairman and be guided by the Carlsbad Housing Authority Grievance Procedure shown as Exhibit "A1 to this resolution, and as herein approved by the Carlsbad Housing Authority. Section 7. Minutes will be taken of all meetings and copies thereof will be forwarded to the Carlsbad Housing Authority. Section 8. Administration or clerical assistance required by the Board will be provided by the Executive Director of the Authority. Section 9. The Hearing Appeals Board will remain in existence at the pleasure and discretion of the Carlsbad Housing Authority. Section 10. Board members will serve without compensation but may be reimbursed for personal expenses incurred in pursuit of Authority business as determined and approved by the Executive Director of the Authority. PASSED, APPROVED AND ADOPTED at a meeting of the Carlsbad Housing Authority this seventh day of May , 1974. £AYES: Chase, Lewis, M Comas, Frazee NOES: None ABSENT: ^\ /7 J ROBERT C. FRAZEE, (Jhairman ROBERT J. COLES, Secretary (S CITY OF CARLSBOARD HOUSING AUTHORITY GRIEVANCE PROCEDURE 1. PURPOSE The purpose of this procedure is to provide a detailed and complete description of the process to be followed in the initiation, referral, hearing, decision and resolution of any grievance which may be presented to the Carlsbad Housing Authority by a bona fide legal resident of the Authority's facilities. 2. RIGHT TO A HEARING Upon filing of a written request as provided herein, a complainant shall be entitled to a hearing before the Hearing Board. 3. DEFINITIONS a. Complainant is defined as any resident whose rights., duties, welfare or status are or may be adversely affected by the Carlsbad Housing Authority action or failure to act and who files a grievance or complaint with the Carlsbad Housing Authority with respect to such action or failure to act. b. Grievance or complaint is defined as any dispute with respect to CHA action or failure to act in accordance with lease requirements, or any CHA action or failure to act involving interpretation or application of the CHA's regulations, policies or procedures which affects the rights, duties, welfare or status of the complainant. c. TheHearing Board shall consist of three impartial persons appointed from the City at large by the Chairman of the Carlsbad Housing Authority with the consent and approval of the Carlsbad Housing Authority. 4. PROCEDURE PRIOR TO A HEARING a. Any grievance or complaint must be personally presented, if possible, to the CHA Executive Director so that the grievance may be informally discussed and settled without a hearing. The grievance or complaint must be signed by the complainant and filed in the office by him or his representative within a reasonable time, not in excess of five (5) days of the CHA action or failure to act which is the basis for the grievance. It may be simply stated, but shall specify: (1) the particular ground(s) upon which it is based; and (2) the action requested. A copy of the complaint shall be retained by the complainant and a copy should be filed with the Executive Director. All complaints and/or copies must be date stamped at time of receipt by the Executive Director. b. An answer in writing to each complaint, dated and signed by the Executive Director, shall be delivered or mailed to the complainant within a reasonable time (generally within five (5) v/orking days) . A copy of the answer shall be filed with the complaint in the Housing Assistance office. The answer shall specify: 1) The proposed disposition of the complaint and the specific reason therefore; EXHIBIT A -2- 2) The right of the complainant to a hearing; and 3) The procedure by which a hearing may be obtained. c. If a complainant is dissatisfied with the disposition of his complaint, as stated in the Executive Director's answer, he may submit a written request, to the Executive Director who shall forward such request to the Carlsbad Housing Authority for a referral to a hearing. This written request shall be made within ten (10) working days from receipt of the Executive Director's answer. The written request for a hearing will be date stamped upon receipt and filed in the Housing Assistance office with the complaint and the Executive Director's answer. The request for a hearing will be brought before the Housing Authority at the next regularly scheduled meeting and shall at this time be referred to the Hearing Board. The Hearing Board shall schedule the hearing as promptly as possible for a date, time and place reasonably convenient to the complainant; and shall cause the complainant to be so informed in writing. d. If the complainant does not request a hearing within the time period allowed in Subsection c. above, he waives his right to the hearing, and the CHA's proposed disposition of the grievance will become final. This shall not, however, constitute a waiver of the complainant's right thereafter to contest the CHA's disposition of his grievance in an appro- priate judicial proceeding. 5. THE HEARING a. The parties shall be entitled to a fair hearing before the Hearing Board and may be represented by counsel or another person chosen as a representative. b. The hearing shall be prj.ya.te unless complainant requests and the Hearing Board agrees to a public hearing:. This shall not be construed to limit the attendance of persons with a valid interest in the proceedings. c. Complainant may examine before the hearing and, at his expense, copy all documents, records and regulations of the CHA that are relevant to the hearing. Any document not made available, after request therefor by the complainant, may not be relied on by the CHA or the project management at the hearing. The complainant may request, in advance and at his expense, a transcript of the hearing. d. Ifthedispute is over the amount of rent or other charges which the Carlsbad Housing Authority claims is due, the complainant shall deposit the amount in dispute in an escrow account pending settlement of the dispute by the Hearing Board. If the complainant fails to do so, the Board may determine that the complainant has waived his right to the hearing. Such determination shall not constitute a waiver of complainant's right to thereafter contest the Housing Authority's disposition of his grievance in an appropriate judicial proceeding. e. If a complainant fails to appear at a hearing, the Board may postpone the hearing for five (5) working days, or may make a determination that the complainant has waived his right to the hearing. Such a determination shall not constitute a waiver of complainant's right to thereafter contest the CHA's disposition of his grievance in an appropriate judicial proceeding. -3- f. At the hearingthe complainant must make a prima facie case and then the burden of proof is on the CHA to justify the action or inaction proposed by it in its answer to the complaint. The complainant may present evidence and arguments in support of his complaint, controvert evidence relied on by the CHA or project management, and confront and cross examine all witnesses on whose testimony or information the CHA or project management relies. Hearings conducted by the Hearing Board shall be informal, and any oral or documentary evidence, as limited however, to the facts and issues raised by the complaint and answer, may be received by the Hearing Board without regard to whether that evidence would be admissable under rules of evidence employed in judicial proceedings. 6. DECISIONS OF THE HEARING BOARD a. The decision of the Hearing Board shall be based solely and exclusively upon facts presented at the hearing and upon applicable CHA and HUD regulations. To the extent that the decision is not inconsistent with State law, the United States Housing Act of 1937, as amended, HUD regu- lations and requirements promulgated thereunder, or the Annual Contributions Contract, and to the extent provided in Subsection f. below, the decision of the Hearing Board shall be binding on the CHA. k- If both parties agree to prepare a proposed decision to the Hearing Board, each party shall submit same to the Hearing Board for its consideration. c. The Hearing Board shallprepare its written decision, including a statement of findings and conclusions; as well as the reasons or bases therefor, upon all material issues raised by the parties. This shall be done within ten (10) working days of the date of the hearing. Copies thereof shall be mailed or delivered to the parties and/or their representatives. At the time of the hearing, the Hearing Board, if it so chooses, may give verbal notification of its decision. d. The written decision of the Hearing Board, with all names and identifying references deleted, shall be maintained on file by the CHA and made available for inspection by a prospective complainant or his representative. e. Any judicial decision or related settlement pertaining to the decision of the Hearing Board shall also be maintained on file by the CHA and made available for inspection. f. If the decision is in favor of the complainant, the CHA shall promptly take all actions necessary to carry out such decision or refrain from any action prohibited by such decision unless the Board of Commissioners of the CHA determines and notifies the complainant in writing within thirty (30) days that the Hearing Board has acted arbitrarily or exceeded its authority. In such event the Hearing Board's decision may be judicially reviewed. -4- 7. NOTICE TO VACATE PREMISES a. At the time of the private conference required by Low-Rent Housing Handbook RHM 7465.1,the resident must be informed in writing of: 1) The specific reasons for the proposed eviction; and 2) His right to request a hearing upon the proposed eviction within five (5) working days from the date of the conference. b. If the tenant has requested a hearing on the proposed eviction and the Hearing Board by its decision upholds the CHA's proposal to evict, an action to regain possession may not be commenced until after the resident's right to use and/or occupy the premises has been terminated by lawful notice. Such notice to vacate may not be given prior to the date on which the Hearing Board's decision upholding the proposed eviction is delivered or mailed to the resident. c. When such notice to vacate is given to the resident, he must be informed in writing that: 1) If he fails to quit the premises within three (3) days, appropriate legal action (dependent on State law) will be brought against him; 2) If suit is brought against him, he may be required to pay court costs and attorney fees incurred; 3) If he chooses to contest the legal action, the CHA must prove that the reasons upon which it originally relied constituted good cause for eviction under the applicable law, rules and regulations. 5/74