For the purpose of this subpart, the following definitions are applicable:
(a) Grievance shall mean any dispute which a tenant may have with respect to PHA action or failure to act in accordance with the individual tenant's lease or PHA regulations which adversely affect the individual tenant's rights, duties, welfare or status.
(b) Complainant shall mean any tenant whose grievance is presented to the PHA or at the project management office.
(c) 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 tenant of the grounds for terminating the tenancy and for eviction;
(2) Right of the tenant to be represented by counsel;
(3) Opportunity for the tenant 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 tenant may have;
(4) A decision on the merits.
(d) Expedited grievance means a procedure established by the PHA for any grievance concerning a termination of tenancy or eviction that involves:
(1) Any criminal activity that threatens the health, safety, or right to peaceful enjoyment of the PHA's public housing premises by other residents or employees of the PHA; or
(2) Any drug-related or violent criminal activity on or off such premises.
(e) Hearing officer means an impartial person or persons selected by the PHA, other than the person who made or approved the decision under review, or a subordinate of that person. Such individual or individuals do not need legal training. PHAs must describe their policies for selection of a hearing officer in their lease forms as required by § 966.4, changes to which are subject to a 30-day comment period as described in § 966.3.
(f) Tenant shall mean the adult person (or persons) (other than a live-in aide):
(1) Who resides in the unit, and who executed the lease with the PHA as lessee of the dwelling unit, or, if no such person now resides in the unit,
(2) Who resides in the unit, and who is the remaining head of household of the tenant family residing in the dwelling unit.
(g) Resident organization includes a resident management corporation.
[40 FR 33406, Aug. 7, 1975. Redesignated at 49 FR 6714, Feb. 23, 1984, and amended at 56 FR 51579, Oct. 11, 1991; 81 FR 12374, Mar. 8, 2016]
Notes of Decisions
Hous. Auth. of the City of Jersey City v. Jackson, 749 F. Supp. 622 (D.N.J. 1990).
· cites it 12× “See 24 C.F.R. § 966.53 (c). On June 15, 1989, the Secretary made a determination that New Jersey state court eviction proceedings under the New Jersey Anti-Eviction Act, 2A: 18-61, et seq.”
Blatch Ex Rel. Clay v. Hernandez, 360 F. Supp. 2d 595 (S.D.N.Y. 2005).
· cites it 2× “These decisions apparently construe a predecessor provision to current regulation 24 C.F.R. § 966.53 (f)(2), which defines the term "tenant,” as used in HUD regulations relating to tenancy termination and grievance proceedings, to include “the adult person .”
Resident Action Council v. Seattle Hous. Auth., 327 P.3d 600 (Wash. 2013).
“” 24 C.F.R. § 966.53 (a), (b). Pursuant to these regulations, SHA retains unredacted copies of hearing decisions in individual tenant files and also retains a central file of redacted hearing decisions.”
Sager v. Hous. Comm'n, 855 F. Supp. 2d 524 (D. Maryland 2012).
“” 24 C.F.R. § 966.53 (a); see also 42 U.S.C.”
Carrera v. Yepez, 6 S.W.3d 654 (Tex. App. 1999).
· cites it 2× “” 24 C.F.R. § 966.53 (a). "Elements of due process” as defined in 24 C.”
Eunice Samuels, Lorraine Warren v. Dist. of Columbia, 770 F.2d 184 (D.C. Cir. 1985).
“12(2)(d); compare 24 C.F.R. § 966.53 (a) (1984). They require an informal settlement conference with the project manager upon re *191 ceipt of a tenant complaint, see NCHA Rules § 2.”
Yesler Terrace Cmty. Council v. Cisneros, 37 F.3d 442 (9th Cir. 1994).
· cites it 2× “In cases of eviction for drug-related or certain other criminal activity, however, PHAs may omit the otherwise mandatory grievance procedures, but only if HUD has determined that state court eviction procedures satisfy the elements of due process as defined in 24 C.F.R. § 966.53…”
Jones v. Hous. Auth. of the City of South Bend, 915 N.E.2d 490 (Ind. Ct. App. 2009).
“24 CFR. § 966.53 requires the following procedural safeguards of public housing entities when terminating a tenancy: (1) Adequate notice to the tenant of the grounds for terminating the tenancy and for eviction; (2) Right of the tenant to be represented by counsel; (3)…”
Lowery v. Hous. Auth. of City of Terre Haute, 826 N.E.2d 685 (Ind. Ct. App. 2005).
“24 C.F.R. § 966.53 (c) provides as follows: “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: *689 (1) adequate notice to the tenant of the grounds for…”
McLaughlin v. Hernandez, 16 A.D.3d 344 (N.Y. App. Div. 2005).
“Thus, petitioner’s attempt to assert remaining head of household status occurred only after the tenancy had been terminated and any claim she might have had to such status was extinguished (see 24 CFR 966.53 [f]; Matter of Abdil v Martinez, 307 AD2d 238 [2003], supra; Matter of…”
Boston Hous. Auth. v. Garcia, 871 N.E.2d 1073 (Mass. 2007).
“Garcia’s argument that her due process right to “present any affirmative legal or equitable defense” available to her, 24 C.F.R. § 966.53 (c)(3) (2006), gives her the ability to present an innocent tenant defense is unpersuasive *737 because that defense is preempted and no…”
— 24 C.F.R. § 966.53(a) — 1 case
— 24 C.F.R. § 966.53(f) — 1 case
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