Public Housing Occupancy   Handbook, page 145
   Regulations and Comprehensive Index, 2004 Edition,    ISBN 1-59330-129-4
  By David Hoicka

        This web page, reproduced from page 145 of the Public Housing Occupancy Handbook, shows where the following Keywords and Phrases are referenced in HUD Public Housing Regulations:
1975, 1977, 1984, 1991, Action, Activity, Adopt, Allowed, Amended, Applicable, Appropriate, As Appropriate, Available, Based, Burden, Business, Business Days, Complainant, Complaint, Comply, Concerning, Conduct, Conducted, Confront, Contest, Controvert, Controvert Evidence, Copy, Counsel, Criminal, Criminal Activity, Cross-examine, Decision, Determination, Determines, Disposition, Document, Documentary, Documents, Drug-, Drug-related, Drug-related Criminal, Entitlement, Eviction, Evidence, Examination, Examine, Exclusively, Expedited, Expedited Grievance, Expense, Fails, Failure, Failure To Act, Failure To Comply, Fair, Governing, Grievance, Grievance Procedure, Grievances, Hearing, Hearing Officer, Hearing Panel, Include, Including, Informally, Information, Issue, Issues, Judicial, Judicial Proceeding, Judicial Proceedings, Justifying, Management, Must, Not Applicable, Not Constitute, Notice, Notified, Officer, Oral, Order, Orderly, Panel, Participants, Party, Pertinent, Pha, Postpone, Premises, Present, Presented, Private, Private Hearing, Procedure, Procedures, Proceeding, Proceedings, Project, Provisions, Public, Public Hearing, Received, Records, Redesignated, Regard, Regulations, Relevant, Relief Sought, Representative, Represented, Request, Requests, Require, Requirements, Scheduled, Scheduling, Settlement, Showing, Special, Special Procedures, Spectators, Statements, Subject To, Support, Sustain, Tenancy, Tenant, Tenants Representative, Termination, Termination Of, Termination Of Tenancy, Testimony, Waived, Waiver, Witnesses.

(ii) Any drug-related criminal activity on or near such premises.

(2) In the case of a grievance under the expedited grievance procedure, Sec. 966.54 (informal settlement of grievances) is not applicable.

(3) Subject to the requirements of this subpart, the PHA may adopt special procedures concerning a hearing under the expedited grievance procedure, including provisions for expedited notice or scheduling, or provisions for expedited decision on the grievance.

[40 FR 33406, Aug. 7, 1975, as amended at 42 FR 5573, Jan. 28, 1977. Redesignated at 49 FR 6714, Feb. 23, 1984, and amended at 56 FR 51579, Oct. 11, 1991; 65 FR 16731, Mar. 29, 2000]

24 CFR 966.56 Procedures governing the hearing.

(a) The hearing shall be held before a hearing officer or hearing panel, as appropriate.

(b) The complainant shall be afforded a fair hearing, which shall include:

(1) The opportunity to examine before the grievance hearing any PHA documents, including records and regulations, that are directly relevant to the hearing. (For a grievance hearing concerning a termination of tenancy or eviction, see also Sec. 966.4(m).) The tenant shall be allowed to copy any such document at the tenant's expense. If the PHA does not make the document available for examination upon request by the complainant, the PHA may not rely on such document at the grievance hearing.

(2) The right to be represented by counsel or other person chosen as the tenant's representative, and to have such person make statements on the tenant's behalf;

(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 the tenant's complaint, to controvert evidence relied on by the PHA or project management, and to confront and cross-examine all witnesses upon whose testimony or information the PHA or project management relies;

and

(5) A decision based solely and exclusively upon the facts presented at the hearing.

(c) The hearing officer or hearing panel may render a decision without proceeding with the hearing if the hearing officer or hearing panel determines that the issue has been previously decided in another proceeding.

(d) If the complainant or the PHA fails to appear at a scheduled hearing, the hearing officer or hearing panel may make a determination to postpone the hearing for not to exceed five business days or may make a determination that the party has waived his right to a hearing. Both the complainant and the PHA shall be notified of the determination by the hearing officer or hearing panel: 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.

(f) The hearing shall be conducted informally by the hearing officer or hearing panel and oral or documentary evidence pertinent to the facts and issues raised by the complaint may be received without regard to admissibility under the rules of evidence applicable to judicial proceedings. The hearing officer or hearing panel 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 or hearing panel to obtain order may

Cite this page as:
"Hoicka, David. Public Housing Occupancy Handbook - Regulations and Comprehensive Index, 2004 Edition, ISBN 1-59330-129-4. San Diego, CA: Aventine Press, 2004, at page 145."

Read more info here.   Buy David Hoicka's Public Housing Handbook -- see the Amazon.com link above.

       The goal of this Public Housing Handbook and Index is to simplify Public Housing management, and save time for the busy Public Housing Administrator and Affordable Housing Professional, by making it easier to locate program rules and regulations by looking up key phrases.

       Look up a phrase, and this Index will show you where to find it in the HUD Regs.

       This Public Housing Handbook's Comprehensive Index includes about 135 pages of major Public Housing Housing Regulations in current CFRs, and nearly 400 pages of comprehensive index, with about 7,000 entries, and over 120,000 references, organizing access to the main sources of regulatory and management control of Public Housing Housing Programs.

Links to Affordable Housing books
by David Hoicka

  <<< Previous Page

Home Page

Next Page >>>