GRIEVANCE HEARING ISSUES

Presented by:

C. Michael McInnish

The PHA Philosophy

• What are our objectives in terminating residents?

• Are we serious in each case?

• Do we try ALL measures short of termination first?

The Hearing Officer

• Who should it be?

• Training, background and experience

• Acquaintance with PHA Rules

• Fair and Impartial?

• Does he/she know the philosophy?

Other Hearings

• Same basic rules for due process apply to Section 8, Applicants, Employees.

• Differences in specifics as specified by HUD: i.e. tenant grievances.

Role of Hearing Officer

• Judge?

• Mediator?

• Arbitrator?

• Fact Finder?

Due Process

• Right to hearing?

• Criminal?

• Rent?

• Application?

• Termination for other causes?

Elements

• Notice of charges with specificity.

• Follow your own rules.

• Right to respond.

• Opportunity to cross examine

• Right to fair and impartial hearing.

Competency

• Verify grievant understands or should understand what charges are.

• Do this on the record.

• Follow script and address all issues raised.

The Hearing

• Setting the schedule.

• Preliminaries.

• Use the script.

• Control the hearing.

• Be familiar with the case and rules.

Who Has the Burden?

• Resident hearings: The resident

• Others: The PHA

• DOES THIS WORK????

Common Issues

• Scheduling and Continuances

• Discovery Requests

• Absent witnesses

• Irrelevant Issues

• Reasonable Accomodation

Weight of Evidence

• Documentation carries more weight than simple testimony.

• Hearsay testimony is admissible but the weight is not as strong as first hand testimony and/or documentation.

Reaching a Decision

• Never announce in meeting.

• Tell PHA and tenant/applicant that a decision will be mailed to them.

• Verify correct address.

Decision Requirements

• Decision based on evidence presented at hearing.

• Summary of facts relied upon, testimony, rationale for decision.

• Cite the rule violation.

• Any right to appeal.

Protecting the PHA

• Tape record or video everything.

• Have all witnesses sign in and give address/phone number.

• Ask about invoking the “rule”.

• Be careful in writing the decision.

• Be fair and impartial.

Summary

• -Prepare for a hearing

• Conduct a hearing that will withstand some challenges.

• Meet due process requirements.