GRIEVANCE HEARING ISSUES

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GRIEVANCE HEARING ISSUES
Presented by C. Michael McInnish
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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?

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The Hearing Officer

• Who should it be?
• Training, background and experience
• Acquaintance with PHA Rules
• Fair and Impartial?
• Does he/she know the philosophy?

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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.

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Role of Hearing Officer

• Judge?
• Mediator?
• Arbitrator?
• Fact Finder?

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Due Process

• Right to hearing?
• Criminal?
• Rent?
• Application?
• Termination for other causes?

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Elements

• Notice of charges with specificity.
• Follow your own rules.
• Right to respond.
• Opportunity to cross examine
• Right to fair and impartial hearing.

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Competency

• Verify grievant understands or should understand
  what charges are.
• Do this on the record.
• Follow script and address all issues raised.

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The Hearing

• Setting the schedule.
• Preliminaries.
• Use the script.
• Control the hearing.
• Be familiar with the case and rules.

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Who Has the Burden?

• Resident hearings The resident
• Others The PHA
• DOES THIS WORK????

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Common Issues

• Scheduling and Continuances
• Discovery Requests
• Absent witnesses
• Irrelevant Issues
• Reasonable Accomodation

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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.

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Reaching a Decision

• Never announce in meeting.
• Tell PHA and tenant/applicant that a decision
  will be mailed to them.
• Verify correct address.

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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.

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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.

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Summary

• -Prepare for a hearing
• Conduct a hearing that will withstand some
  challenges.
• Meet due process requirements.