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MINUTES OF THE REGULAR MEETING OF THE HOUSING AUTHORITY
OF THE CITY OF FAYETTEVILLE, ARKANSAS
The Housing Authority of the City of Fayetteville, Arkansas met in Regular
Session at 8:00 A. M. Wednesday, May 19, 1993, in the office of the Authority
#1 North School, Fayetteville, Arkansas.
Dan Hudspeth Chairperson, called the meeting to order.
Commissioners Present: Hudspeth, Childress, Richardson
Commissioners Absent: Clinehens, Fries
Others Present: Bromo Wilson, Fredia Sawin
The Minutes of the April 21, 1993 Regular Meeting were approved by motion,
seconded and carried unanimously.
The April Financial Statement was approved by motion, seconded and carried
unanimously.
RESOLUTION ADOPTING A NEW LEASE FOR PUBLIC HOUSING AND A NEW GRIEVANCE
PROCEDURE FOR PUBLIC HOUSING. Resolution No. 547, was approved by motion,
seconded, and carried unanimously.
RESOLUTION APPROVING COMPREHENSIVE PLAN OR ANNUAL STATEMENT (CGP). Resolution
No. 546, was approved by motion, seconded, and carried unanimously.
• RESOLUTION CERTIFICATION OF COMPLIANCE WITH SECTION 504 OF THE REHABILITATION
ACT OF 1973 (24 CFR 8.25 (c). Resolution No. 545, was approved by motion,
seconded, and carried unanimously.
•
Mr. Hudspeth announced that he had received conformation of the Fayetteville
Housing Authority's PHMAP Score of 92 Percent. He commended Mr. Bromo Wilson
and his staff for achieving this recognition.
Mr. Bromo Wilson discussed the recent Proposed Fair Market Rents for the Section
8 Rental Assistance Program. The Fair Market; Rent for Efficiency and One Bedroom
sized units were lowered but a considerable raise was received for the Three Bedroom
units, which was very much needed. The Fayetteville Housing will be conducting a
survey of the local rent amounts in comparison with the proposed Fair Market Rents
to be submitted to: the HUD Regional office. This survey may help in keeping the
Efficiency and One Bedroom units from being lowered in October of 1993.
There being no further business, the meeting was adjourned.
ATTEST:
SECRETARY
THE HOUSING AUTHORITY OF THE
CITY OF FAYETTEVILLE, ARKANSAS
X�n
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RESOLUTION NO.
RESOLUTION CERTIFICATION OF COMPLIANCE WITH SECTION 504
OF THE REHABILITATION ACT OF 1973 (24 CFR 8.25 (c).
WHEREAS THE FAYETTEVILLE HOUSING AUTHORITY is submitting
a Comprehensive Grant Program; and,
WHEREAS, HUD PIH Notice 92-11 requires that the PHA make
certain certifications regarding compliance with Section
504 of the Rehabilitation Act of 1973 (24CFR 8.25 (c); and
WHEREAS, this Resolution shall become an addition to the
Board Resolution (FORM 52836) required by this program;
NOW THEREFORE, BE IT RESOLVED THAT THE BOARD OF
COMMISSIONERS OF THE FAYETTEVILLE HOUSING AUTHORITY hereby
certifythat the Housing Authority will meet the needs
identified in its Transition Plan by the date specified in
its previously requested time extension.
PASSED AND APPROVED THIS /F2 DAY OF //1i1 ct 1993
THE HOUSING AUTHORITY OF THE CITY
OAa AYETTEVILLE, A'kANSAS
rte-
PERSON
CHAI
RESOLUTION NO. 546
PHA/IHA Board Resolution Approving
Comprehensive Plan or Annual Statement
Comprehensive Grant Program (CGP)
U.S. Department of Housing
and Urban Development
Office of Public and Indian Housing
OMB Approval No. 2577-0157 (Exp. 6/3093)
PubIle Reporting Burden for this collection of information is estimated to average 0.1 hours per response, including the time for reviewing instructions. searching
existingdata sources, gathering and maintaining the data needed. and completing and reviewing thecollectionof information. Send comments regarding this burden
estimate or any oilier aspect of this collection of information, including suggestions for reducing this burden, to the Reports Management Officer, Office of Information
Polities and Systems. U.S. Departmentof Housing and Urban Development. Washington. D.C. 20410-3600 and to the Office of Management and Budget. Paperwork
Reduction Project (2577.01571, Washington. D.C. 20503. Do not send this completed form b either al these addresses.
Acting on behalf of the Board of Commissioners of the below -named Public Housing Agency (PHA)/Indian Housing Authority (IHA), as
its Chairman. I make the following certifications and agreements to the Department of Housing and Urban Development (HUD)
regarding the Board's approval of (check one or more as applicable):
Comprehensive Plan Submitted on ,lUnP 1 - 1994 ❑ Amendments to Comprehensive Plan Submitted on
• ® Action Plan / Annual Statement
Submitted on June 1, 1993
I certify on behalf of thc: (PHA/IHA Name)
❑ Amendments to Action Plan / Annual Summon(
Submitted on
Housing Authority of the City of Fayetteville, AR that:
I. The PHA/IHA will comply with all policies. procedures. and require-
ments prescribed by HUD for modernization, including implemcnta-
'r tion of the modernization in a timely, efficient, and economical
manner:
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2. The PHA/IHA has established controls to ensure that any activity
funded by the CGP is not also funded by any other HUD program.
thereby preventing duplicate funding of any activity;
3. Thc PHA/IHA will not provide to any development more assistance
under the CGP than is necessary to provide affordable housing, after
taking into account other government assistance provided;
4. Thc proposed physical work will meet the modernization and energy
conservation standards undcr 24 CFR 968.115 or 24 CFR 905.603;
5. Thc proposed activities, obligations and expenditures in the Annual
Statement are consistent with the proposed or approved Comprehen-
sive Plan of the PHA/IHA:
6. The PHA/IHA will comply with applicable civil rights requirements
under 24 CFR 968.110(a) or 24 CFR 905.115. and, where applicable,
will carry out the Comprehensive Plan in conformity with Title VI of
the Civil Rights Act of 1964. the Fair Housing Act. and Section 504 of
the Rehabilitation Act of 1973:
Thc PHA has adopted the goal of awarding a specified percentage of the
dollar value of the total of the modernization contracts. to be awarded
during subsequent FFYs. to minority business enterprises and will take
appropriate affirmative action to assist resident -controlled and
women's business enterprises under 24 CFR 968.110(6); or the IHA
will. to the greatest extent feasible, give preference to the award of
modernization contracts to Indian organizations and Indian -owned
economic enterprises under 24 CFR 905.165;
8. The PHAAHA has provided HUD with any documentation that the
Department needs to carry out its review under the National Environ•
mental Policy Act (NEPA) and other related authorities in accordance
with 24 CFR 968.110(c), (d) and (m) or 24 CFR 905.129(a). (b). and
7.
(j). and will not obrgate. in any mannered= expenditure of CGP funds,
or otherwise undertake the activities identified in its Comprehensive
Plan/Annual Statement. until the PHA/IHA receives written notifica-
tion from HUD indicating that the Department has complied with its
responsibilities undcr NEPA and other related authorities;
9. The PHA/IHA will comply with the wage rate requirements under 24
CFR 968.110(e) and (f) or 24 CFR 905.120(c) and (d);
10. The PHA/IHA will comply with the relocation assistance and real
property acquisition requirements under 24 CFR 968.110(g) or 24 CFR
905.120(e):
I1. The PHA/IHA will comply with the requirements for physical accessi-
bility under 24 CFR 968.110(h) or 24 CFR 905.120(0:
12. Thc PHA/IHA will comply with the requirements for access to records
and audits under 24 CFR 968.110(1) or 24 CFR 905.120(g);
13. The PHA/IHA will comply with the uniform administrative require-
ments under 24 CFR 968.110(j) or 24 CFR 905.120(h):
14. The PH A/IHA will comply with lead-based paint testing and abatement
requirements under 24 CFR 968.110(k) or 24 CFR 905.120(1);
15. The PHA/IHA has complied with the requirements governing local/
tribal government and resident participation in accordance with 24 CFR
968.320(b) and (c). 968.330(d) and 968.340 or 24 CFR 905.672(6) and
(c). 905.678(d) and 905.684. and has given full consideration to the
priorities and concerns of local/tribal government and residents. in.
eluding any comments which were ultimately not adopted. in preparing
the Comprehensive Plan/Annual Statement and any amendments
thereto;
16. Thc PHA/IHA will comply with thc special requirements of 24 CFR
968.310(d) or 24 CFR 905.666(d) with respect to a homeownership
development; and
17. The PHA will comply with the special requirements of 24 CFR 968.235
with respect to a Section 23 leased housing bond -Pranced develop-
ment.
Attested By: scare chairman, Name:
Warning:
Dan Hudspeth
Beare Chairman's Sgnature 6 Date:
X-..._� rte- 14
/93
(Seal)
HUD will prosecute false claims anti sItements. Conviction may result in criminal and/or civil penalties. 115 u 5 C.:a01. 1:,0.:::2, 3i :'s C 3:29. 3e:2;
'U.S.Government PrMimg Otllee: 1922- 312.21650115
Page t oft
loan HUD -52835 (2/92)
ret Hancboak 7485 3
• RESOLUTION NO. .1957
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RESOLUTION ADOPTING A NEW LEASE FOR PUBLIC HOUSING AND A
NEW GRIEVANCE PROCEDURE FOR PUBLIC HOUSING
WHEREAS, the Department of Housing"and Urban Development
has recently passed new rules and procedures for Dwelling
Lease and Grievance Procedure and
WHEREAS, the Board of Commissioners of the Fayetteville
Housing Authority has given the proper notice to the
tenants of these changes in the Dwelling Lease and
Grievance Procedure
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS
OF THE FAYETTEVILLE HOUSING AUTHORITY:
That the attached Dwelling Lease and Grievance Procedure
be adopted and effective immediately.
PASSED AND APPROVED THIS )7141 DAY OF pi,Sy 1993
THE HOUSING AUTHORITY OF THE CITY
OF FAYETTEVILLE, ARKANSAS
CHAIRPERSON
t
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HOUSING AUTHORITY OF THE CITY OF FAYETTEVILLE
DWELLING LEASE
Account No. Development No Bedrooms
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The Housing Authority of the City of Fayetteville (herein called the "PHA") leases to
(herein called "Resident" for himself/herself and his/her family consisting of
the dwelling unit located at
for the term beginning and ending at midnight
at a rental rate of S , and a security deposit of $
(not to exceed PHA -established security deposits) payable in advance on the first of this term.
(1.) This lease shall be automatically renewed for successive terms of one month each at a rental of $
payable in advance at the office of the PHA on the first day of each calendar month and may be terminated by either party pursuant to Section
14 of this lease by giving notice pursuant to Section 12 of this lease.
(2.) The following utilities will be furnished by the PHA without additional cost to the Resident: Management agrees to furnish utilities
as allowed in the posted schedule in office of management.
(3.) The following utilities will be paid for by the Resident: Electricity and Excess Gas used over alloted amount beyond posted schedule
at the then current rate applicable.
(4.) REDETERMINATION OF RENT AND FAMILY COMPOSITION: Once each year as requested by PHA, resident agrees to
furnish accurate information to PHA as to family income, employment, and certification of family composition, for use by PHA in determining
whether the rental should be changed, and whether the dwelling size is still appropriate for Residents needs. This determination will be made
in accordance with the approved Statement of Occupancy Policies available in the Project Office. Any rent that is changed as a result of a
redetermination as outlined above will become effective on the first of the calendar month following each redetermination.
a. Rent as fixed in Section 1 hereof or as redetermined pursuant to the above will remain in effect for the period between regular rent
determination unless during such period:
• (1) Resident can show a change in his/her circumstances (such as a decline in income) which would justify a reduction in rent
pursuant to the Schedule of Rents or other such circumstances as would create a hardship situation.
(2) Resident commences to receive public assistance or his/her public assistance is terminated. Such a change must be reported
to PHA within ten (10) days of its occurrence.
(3) It is found that Resident has misrepresented to PHA the facts upon which his/her rent is based, so that the rent he/she is
paying is less than he/she should have been charged. If this is found, then the increase in rent may be made retroactive.
In the event of any rent adjustment pursuant to the above, management will mail or deliver a "Notice of Rent Adjustment" to the Resident
in accordance with Section 12 hereof. In the case of rent decreases, the decrease will become effective the first day of the following month.
In case of rent increases, the increases will have effect the first day of the second following month, unless the rent increase results from a
finding of intentional misrepresentation under Section 4.a (3) above.
b. If the PHA determines that the size of the dwelling unit is no longer appropriate to the Residents needs, the PHA must notify the Resident
in accordance with Section 12 hereof. The Resident will be required to move to another unit within the project in which he lives, when
available, giving the Resident a reasonable time in which to move. The PHA shall require the Resident to execute a new lease.
c. When the PHA redetermines the amount of rent (Total Tenant Payment or Tenant Rent) payable by the Resident, not including
determination of the PHA's schedule of Utility Allowances, or determines that the Resident must transfer to another unit based on family
composition, the PHA shall notify the Resident that the resident may ask for an explanation stating the specific grounds of the PHA
determination, and that if the Resident does not agree with the determination, the Resident shall have the right to request a hearing under
the PHA grievance procedure.
5. RENT ADJUSTMENTS: The monthly rental on the leased dwelling unit as adjusted by reason of changes provided in Section 4 above
is as follows:
Net Family Income No. Minors Monthly Rent Date Effective
IllRESIDENTS' RIGHTS TO USE AND OCCUPY: a. The resident shall have the right to exclusive use and occupancy of the leased unit
oy members of the household authorized to reside in the unit in accordance with the lease including reasonable accommodation of their quest,
or visitors. A visit may not extend beyond two weeks without the PHA approval and not to exceed two weeks per year.
b. With the consent of the PHA, members of the household may engage in legal profitmaking activities in the dwelling unit, where the PHA
determines that such activities are incidental to primary use of the leased unit for residence by members of the household.
c. With the consent of the PHA, a foster child or a live-in aide may reside in the unit. The PHA may adopt reasonable policies concerning
residence by a foster child ora live-in aide, and defining the circumstances in which PHA consent will be given or denied. Under such policies,
the factors considered by the PMA may include: (;) Whether the addition of anew occupant may necessitate atransfer of the family to another
unit, and whether such units are available. (2) The PHA's obligation to make reasonable accommodation for handicapped persons.
7. THE PHA'S OBLIGATIONS: The PHA agrees to the following:
a. To maintain the dwelling unit and the project in a decent, safe, and sanitary condition;
b. To comply with requirements of applicable building codes, housing codes, and HUD regulations materially affecting health and safety;
c. To make necessary repairs to the dwelling unit;
d. To keep project buildings, facilities, and common areas not otherwise assigned to the Resident for maintenance and upkeep, in a clean
and safe condition;
e. To maintain in good and safe working order and condition electrical, plumbing, sanitary, heating, ventilating, and other facilities and
appliances, including elevators, supplied or required to be supplied by the PHA;
f. To provide and maintain appropriate receptacles and facilities (except containers for the exclusive use of an individual Resident family)
for the deposit of ashes, garbage, rubbish, and other waste removed from the dwelling by the Resident in accordance with Section 8.g below.
g. (I) To notify the Resident of the specific grounds for any proposed adverse action by the PHA. (Such adverse action includes, but is
not limited to, a proposed lease termination, transfer of the Resident to another unit, or imposition of charges for maintenance and repair,
or for excess consumption of utilities.) (2) When the PHA is required to afford the Resident the opportunity for a hearing under the PHA
grievance procedure for a grievance concerning a proposed adverse action:
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04. LEASE TERMINATION NOTICE
a. The PHA shall give written notice of termination of the lease of: (1) 14 days in the case of failure to pay rent; (2) a reasonable
time commensurate with the exigencies of the situation in the case of creation or maintenance of a threat to the health or safety
of other residents or PHA employees, but not to exceed 30 days; and (3) 30 days in all other cases.
b. The notice of termination to the resident shall state reasons for the termination; shall inform the resident of his right to make such
reply as he may wish and of his right to request a hearing in accordance with the PHA grievance procedure; and to examine PHA
documents, and which are directly relevant to the termination of tenancy or eviction.
c. The Resident may terminate this lease by giving 5 days written notice prior to vacating the premises in accordance with paragraph
12 above.
15. GRIEVANCE PROCEDURES.
All disputes concerning the obligations of the Resident of the PHA shall, except as provided below, be resolved in accordance with the
grievance procedures adopted by the PHA, which shall be posted in a conspicuous manner in the Development Office. This procedure is hereby
incorporated by references. Disputes concerning a termination of tenancy or eviction that involves:
a. Any criminal activity that threatens the health, safety, or right of peaceful enjoyment of the premises of other residents or
employees of the PHA, or
b. Any drug-related criminal activity on or near such premises shall be excluded from the PHA Grievance Procedure.
16. RESIDENT CHARGES. The charges to Residents for maintenance and repair beyond normal wear and tear shall be based on a
schedule posted in the Development Office. The amounts charged for excess utility consumption shall not be pro rata, but by direct meter
readings of units, and shall be based upon posted utility schedule at the office of the PHA, at the then current utility rate.
17. PAYMENT OF CHARGES. The charges assessed against the Resident under Section 16 above and any late payfnent penalties, if
applicable, shall not become due and collectible until two weeks after the PHA gives written notice of the charges.
18. PROVISIONS FOR MODIFICATIONS. Modification of this lease shall be accomplished by a written rider executed by both parties
except for Section 4 above and the posting of policies, rules, and regulations.
IN WITNESS WHEREOF, the parties have executed this lease agreement this
et Ola.
day of 19
HOUSING AUTHORITY OF THE CITY OF FAYETTEVILLE
By
Resident
Resident
i
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GRIEVANCE PROCEDURE
1 Applicability
a. This Grievance Procedure shall be applicable to all
individual grievances as defined in paragraph 2a
below between the resident and the PHA, except for
evictions concerning the termination of tenancy
that involve the following:
(1) Any criminal activity that threatens the
health, safety, or right to peaceful enjoyment
of the premises of other residents or
employees of the PHA, or
(2) Any drug-related criminal activity on or near
such premises.
b The PHA Grievance Procedure shall not be applicable
to disputes between Residents 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 Residents and the PHA's Board of
Commissioners.
2 Definitions
a, rievence shall mean any dispute which a Resident
may-Tave with respect to PHA action or failure to
act in accordance with the individual Resident's
lease or PHA regulations which adversely affect the
individual Resident's rights. duties, welfare, or
status.
b. Complainant shall mean any Resident whose grievance
is presented to the PHA or at the project
management office in accordance with paragraphs 3
and 4a.
c. Selecting Official. The selecting official shall
be the Executive Director of the PHA.
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 Resident of the grounds
for terminating the tenancy and for eviction;
(2) Opportunity for the Resident to examine all
relevant documents, records and regulations of
the PHA prior to the t -tial for the purpose of
preparing a defense;
(3) Right of Resident to be represented by
counsel;
(4) Opportunity for the Resident 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 Resident may have;
and
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(5y A decision on the merits.
(e) Hearing -Officer. shall mean a person selected in
accordance with paragraph 4 to hear grievances and
✓ ender a decision with respect thereto.
(f) Resident shall mean any lessee or the remaining
head of the household of any Resident family
✓ esiding in housing accommodations covered under
this Grievance Procedure.
(g)
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PHA shall mean the Housing Authority of t e City of
FayettviTT'e;Arkansas
3 Infoimal Settlement
Any grievance shall be personally presented, either
o rally or in writing, to the PHA office or to the Office
o f the Project in which the complainant resides so that
the grievance may be discussed informally and settled
without a hearing. A summary of such discussion shall
be prepared within a reasonable time one copy shall be
given to the Resident and one retained in the PHA's
Resident File. The summary shall specify the names of
the participants, dates of meeting, the nature of the
proposed disposition of the complaint and the specific
reasons therefor, and shall specify the procedures by
which a hearing under paragraph 4 may be obtained if the
complainant is not satisfied.
4 Proceduie'to Obtain—a. Hearing
a. Request'for Hearing.
The complainant shall submit a written request for
a hearing to the PHA or to the development office
within ten working days after receipt of the
summary of discussion pursuant to paragraph 3
above. The written request shall specify:
(1) The reasons for the grievance; and
(2) The action or relief sought.
b. Selection of Hearing Officer.
Grievances shall be presented before a hearing
officer. A hearing officer shall be selected as
follows:
(1) The hearing officer shall be an impartial,
disinterested person selected by the PHA
Executive Director, other than a person who
made or approved the PHA action under review
or a subordinate of such person.
(2) The PHA shall consult the resident
o rganizations before PHA appointment of the
hearing officer. Any comments or
✓ ecommendations submitted by the resident
o rganizations shall be considered by the PHA
before the appointment.
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c. Failure to Request a Hearing.
If the complainant does not request a hearing in
accordance with this paragraph, then the PHA's
d isposition of the grievance under paragraph 3
above shall become final, provided, that failure to
✓ equest a hearing shall not constitute a waiver by
complainant of his or her right thereafter to
contest the PHA's action in disposing of the
complaint in an appropriate judicial proceeding.
d. Hearing Prerequisite.
All grievances shall be personally presented either
orally or in writing, pursuant to the informal
procedure prescribed in paragraph 3 above as a
condition precedent to a hearing under this
section, provided. that if the complainant shall
show good cause why he failed to proceed in
accordance with paragraph 3 above to the hearing
officer or hearing panel, the provisions of this
subparagraph may be waived by the hearing officer
o r hearing panel.
e Escrow Deposit.
Before a hearing is scheduled in any grievance
involving the amount of rent in the Resident's
'lease which the PHA claims is due, the complainant
shall pay to the PHA an amount equal to the amount
o f the rent due and payable as of the first of the
month preceding the month in which the act or
failure to act took place. The complainant shall
thereafter deposit the same amount of the monthly
✓ ent in an escrow account monthly until the
complaint is resolved by decision of the hearing
o fficer. These requirements may be waived by the
PHA in extenuating circumstances. Unless so
waived, the failure to make such payments shall
✓ esult in a termination of the Grievance Procedure,
provided, that failure to make payment shall not
constitute a waiver of any right the complainant
may have to contest the PHA's disposition of.his
g rievance in any appropriate judicial proceeding.
f Schedule of Hearings.
Upon complainant's compliance with subparagraphs a,
d , and e of paragraph 4, a hearing shall be
scheduled by the hearing officer promptly for a
t ime and place reasonably convenient to both the
complainant and the PHA. A written notification
specifying the time, place, /And the procedures
g overning the hearing, shall be delivered to the
complainant and the appropriate PHA official.
• 5. Accommodation of Residents with Disabilities.
a. Reasonable accommodation for Residents with
d isabilities to participate in the hearing will be
provided by the PHA. Reasonable accommodation may
include qualified sign language interpreters,
✓ eaders, accessible locations, or attendants.
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b. If the Resident is visually impaired, any notice to
the Resident which is required under this
Procedure, will be in an accessible format.
6. Procedures Governing the Hearing.
a. The hearing shall be held before a hearing officer.
b. The complainant shall be afforded a fair hearing
providing the basic safeguards of due process,
which shall include:
(1) The opportunity to examine before the hearing,
and at the expense of the complainant, to copy
all documents, records, and regulations of the
PHA that are relevant to the hearing. Any
document not so made available after the
✓ equest therefor by the complainant may not be
✓ elied on by the PHA at the hearing;
(2) The right to be represented by counsel or
o ther person chosen as his or her
✓ epresentative;
(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 his or her complaint, to controvert
evidence relief on by the PHA or project
management, and to confront and cross-examine
all witnesses on whose testimony or
information the PHA or project management
✓ elies; and
(5) A decision based solely and exclusively upon
t he facts presented at the hearing.
c The hearing officer may render a decision without
proceeding with the hearing if the hearing officer
d etermines that the issue has been previously
decided in another proceeding.
d If the complainant or the PHA fails to appear at a
schedule hearing, the hearing officer may make a
d etermination to postpone the hearing for not to
exceed five business days or may make a
d etermination that the party has waived his or her
rightto a hearing. Both the complainant and the
PHA shall be notified of the determination by the
hearing officer, 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.
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f The -hearing shall be conducted informally by the
hearing officer, and oral or documentary evidence
pertinent to the facts and issues raised by the
complaint may be received without regard to
admissability under the rules of evidence
applicable to judicial proceedings. The hearing
officer 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 to obtain order may result in exclusion
from the proceedings or in a decision adverse to
the interests of the disorderly party and the
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.
7. Decision of the .Hearing Officer.
a. The hearing officer 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
d ecision in the Resident's folder. A copy of such
d ecision, with all names and identifying references
d eleted, shall also be maintained on file by the
PHA and made available for inspection by a
prospective complainant. his representative, or the
hearing officer.
b The decision of the hearing officer shall be
binding on the PHA, which shall take all actions or
✓ efrain from any actions, necessary to carry out
the decision, unless the PHA Board of Commissioners
d etermines within 30 days and promptly notifies the
complainant of its determination, that
c.
(1) The grievance does not concern PHA act-i`on or
failure to act in accordance with or involving
t he complainant's lease or PHA regulations,
which adversely affect the complainant's.
✓ ights, duties, welfare, or status;
(2) The decision of the hearing officer is
contrary to applicable Federal, State, or
Local law, HUD regulations or requirements, or
✓ equirements of the Annual Contributions
Contract between HUD and the PHA.
A decision by the hearing officer 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 a judicial
✓ eview in any judicial proceedings, which may
thereafter be brought in the matter.
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• 8. PHA Eviction Actions
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6
If a tenant has requested a hearing in accordance with
paragraph 4 above on complaint involving a PHA notice of
termination of tenancy, and the hearing officer upholds
the PHA's action to terminate the tenancy, the PHA shall
not commence an eviction action in a State or local court
until it has served notice to vacate on the tenant, and
in no event shall the notice to vacate be issued prior to
the decision of the hearing officer having been mailed or
delivered to the complainant. Such notice to vacate must
be in writing and specify that if the tenant fails to quit
the premises within the applicable statutory period, or on
the termination date stated in the notice of termination,
whichever is later, appropriate action will be brought
against him and he may be required to pay court costs and
attorney's fees.
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