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A tenant in a public housing building often has the right to a grievance hearing to prevent an eviction. The tenant does not have the right to a grievance hearing if:
- The tenant does not request the hearing on time;
- The eviction involves any activity that threatens the health or safety of others;
- The eviction involves any violent or drug-related criminal activity, on or off the property;
- The eviction involves any activity resulting in a felony conviction.
A public housing authority (PHA) must have written grievance procedures.The PHA must provide a copy to the tenant with or as a part of the lease.
The notice should say if the tenant has a right to a hearing, along with the time to submit a request for a hearing. Suppose the tenant is entitled to and wants a grievance hearing. They then must make a written request for the hearing within the notice period. Usually, the request can be delivered in person or mailed. It is important to make sure the request arrives on time to the building manager or housing authority. If the tenant mails the letter, it must arrive on time to give the tenant the right to a hearing. They should keep a copy of the request for a hearing. The tenant should also make sure the building manager or housing authority gets it on time.
The first step in the process is an informal conference with a building manager or PHA representative. At this hearing, the tenant can bring evidence showing that they have not violated the lease. This evidence can include documents, witnesses, or notarized letters from witnesses who will support them. You can have a representative or attorney with you at the hearing. Sometimes, you can create an agreement at the conference to fix the issue that led to the eviction notice. For example, if you are behind on rent, you can ask for a repayment agreement at the informal hearing.
After the informal conference, the manager or PHA must issue the tenant a written summary of discussions. They must also send their decision. The document should also say how long the tenant has to request a formal grievance hearing.
If the sides cannot reach an agreement, the tenant may make a written request for a formal grievance hearing. The tenant can then challenge the eviction before a hearing officer or hearing panel. At the formal hearing, the tenant can bring:
- Evidence,
- Witnesses,
- A representative, or
- An attorney.
The hearing officer or panel must issue a written decision based on the evidence presented. The decision must explain the basis for the decision and consider mitigating conditions. The decision should tell the tenant the time to request a formal hearing if they are not satisfied with the outcome.
Suppose the tenant requests a formal hearing before the deadline. Then, the landlord cannot file a lawsuit to evict the tenant until he completes the grievance process. If the tenant does not request a formal hearing before the deadline, the decision is final. The landlord will need to file a lawsuit to get an order to evict the tenant. The landlord cannot have the tenant removed from the unit until they have won the court case. The landlord must have an order to remove a tenant and property.
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