Grievance RightsFebruary 2010

• What are your responsibilities under 3560.160?

• What is grievable and what is not grievable?

• What are the notice requirements?

• How does the grievance process work?

OUTLINE

3560.160(a)(1)

The requirements established in this section are designed to ensure that there is a fair and equitable process for addressing tenant or prospective tenant concerns and to ensure fair treatment of tenants…

BASIC PREMISE

• Post grievance procedures in conspicuous place (office, community room, laundry, etc.).

• Maintain copies of procedure for inspection by tenants and agency.

• Maintain a file on grievances filed and results.

MANAGEMENT’S RESPONSIBILITIES

• Provide a summary of tenant’s rights when lease is signed (provide copy of 3560.160).

• Include address and phone number of USDA’s Office of Civil Rights.

• Include address and phone number of Regional Fair Housing and Enforcement Agency.

MANAGEMENT’S RESPONSIBILITIES

• Agency-approved rent changes

• Discrimination complaints

• Lease or rule changes required by the agency (provided proper notice has been given)

• Lease violations by tenant that would lead to termination

• Disputes between tenants not involving management

• Actions resulting from pre-payment handled in accordance with Subpart N

WHAT IS NOT GRIEVABLE

Grievance rights do not apply to projects where the Tenant Association and Management have agreed

upon alternative rules to settle grievances.

• In general, any action (or inaction) by management that results in denial, reduction, or termination of benefits

• Notice of adverse actions

• Modification of lease or rules

• Denial of approval for occupancy

• Management’s violation of lease or rules

• Management’s failure to maintain project

WHAT IS GRIEVABLE

• Rejected for occupancy

• Demand letter for unauthorized assistance

• Canceled or withdrawn rental assistance

• Finding of ineligibility for rental assistance

EXAMPLES

• Delivered by certified mail, return receipt requested

— OR—

• Hand delivered with a signed and dated acknowledgement of receipt from the applicant / tenant

• Must give specific reasons for the proposed action

NOTICE REQUIREMENTS OF 3560.160

• Must advise applicant / tenant of “the right to respond to the notice within 10 calendar days after receipt of notice” and of “the right to a hearing in accordance with 3560.160 (f), which is available upon request.”

• Note: words within quotations must be verbatim.

NOTICE REQUIREMENTS OF 3560.160

• Must include the following statement:“Any tenant/member or prospective tenant/member seeking occupancy in or use of Agency facilities who believes he or she is being discriminated against because of age, race, color, religion, sex, familial status, disability, or national origin may file a complaint in person with, or by mail to the U.S. Department of Agriculture's Office of Civil Rights, Room 326-W, Whitten Building, 14th and Independence Avenue, SW., Washington DC 20250-9410 or to the Office of Fair Housing and Equal Opportunity, U.S. Department of Housing and Urban Development (HUD), Washington, DC 20410.”

NOTICE REQUIREMENTS OF 3560.160

• For housing projects in areas with a concentration of non-English speaking individuals, the notice must be in both English and the non-English language.

NOTICE REQUIREMENTS OF 3560.160

• After issuance of notice, grievant has 10 days to respond. Responses must be in writing.

• Management must offer to meet with grievant within 10 days.

• If not resolved at meeting, management must provide summary of meeting to agency and grievant within 10 days.

• Grievant has 10 days to request formal hearing. The request must be in writing.

PROCESS

• Parties select hearing officer or panel

• Agree on hearing officer

• Each selects one member

• Two selected members select 3rd member

• Examination of records

• Convenient place and time

• Grievant pays cost of copying

• Schedule hearing

• Agree on place and time

• Hearing officer/panel sets place and time

PROCESS

• Basic Rights:

• Representation

• Privacy

• Presentation of evidence and testimony

• Cross examine witnesses

• Hearing officer may exclude disruptive parties.

• Failure to show may result in rescheduling or determination of waiver of rights.

THE HEARING

• Hearing officer has 10 days to issue a written decision based on facts presented at hearing.

• Decision not final for 10 days to allow time for agency review.

• Decision is binding on parties.

DECISION

Contact Us:

Jay DeLapp, Multi-Family Housing Program Specialist(541) 801-2676jay.delapp@usda.gov

www.rd.usda.gov/or

mailto:jay.delapp@usda.gov

In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident.

Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print,audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA’s TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English.

To file a complaint of discrimination, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at http://www.ascr.usda.gov/complaint_filing_cust.html and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by:

1) Mail: U.S. Department of AgricultureOffice of the Assistant Secretary for Civil Rights1400 Independence Avenue, SWWashington, D.C. 20250-9410;

2) Fax: (202) 690-7442; or3) Email: program.intake@usda.gov.

USDA is an equal opportunity provider, employer, and lender.

http://www.ascr.usda.gov/complaint_filing_cust.htmlmailto:program.intake@usda.gov