Chapter 12: Grievances

1. Overview

NYCHA’s informal hearings and grievance procedures are available to residents who dispute a NYCHA action or failure to act in accordance with the resident’s lease. The grievance procedures are also available to applicants and residents to challenge NYCHA’s application of any rule or regulation that adversely affects an applicant's or resident’s rights, duties, welfare, or status.

Grievances will be handled in accordance with NYCHA's Grievance Procedures as outlined below.

2. Key Acronyms

• • CRD: Chronic Rent Delinquency
  • HUD: U.S. Department of Housing and Urban Development
  • NPHOI: Non-Public-Housing Over-Income
  • NYCHA: New York City Housing Authority
  • RFM: Remaining Family Member
  • SAVE: Systematic Alien Verification for Entitlements
  • USCIS: United States Citizenship and Immigration Services
  • VAWA: Violence Against Women Act

3. Hearing Officer

The Hearing Officer is responsible for conducting impartial hearings and making dispositions. These decisions are binding on NYCHA unless the members of NYCHA find that they are contrary to law. The Hearing Officer must be an attorney with at least five years of appropriate experience who has been appointed to the civil service position of Hearing Officer to ensure their independence. The Hearing Officer may be removed only for incompetence or misconduct.

4. Grievances for Residents

Grievances concerning the obligations of the resident or NYCHA under the provisions of the lease are processed and resolved in accordance with NYCHA’s Public Housing Grievance Procedure. This procedure also applies to Non-Public Housing Over Income (NPHOI) residents who have signed the NPHOI lease with NYCHA. Refer to Chapter 8(h), Over-Income Residents, for more information.

1. 1. Grievance Procedure

1. 1. 1. 1. Scope of Procedure

The Grievance Procedure is concerned with individual grievances between the resident and NYCHA. Policy questions, class grievances, inter-resident conflicts, personal injury, damage claims or commercial residents are excluded. Also excluded are grievances involving termination of tenancy proceedings based on Non-Desirability, Breach of Rules and Regulations, Chronic Breach of Rules and Regulations, Chronic Rent Delinquency, Non-Verifiable Income, Assignment or Transfer of Possession and Misrepresentation. These grounds are covered in Chapter 11, Lease Terminations.

All residents are entitled to use the Grievance Procedure except:

• • • • Residents to whom 30-day Vacate Notices have been sent after a decision by a Hearing Officer; and
      • Residents against whom judgments of possession have been entered and who have not been reinstated as residents.

1. 1. 1. 2. Submission of a Grievance

• • • • A resident can submit a grievance via NYCHA Self-Service Portal or in person with property management staff.

1. 1. 1. 3. Grievance Types

A resident can submit a grievance for any of the following:

• • • • Rent;
      • Denial of request to add an additional member to the household;
      • Denial of a transfer request;
      • Denial of a replacement Lobby Door Key;
      • Other - Any matter in which a resident is dissatisfied with the decision of a property manager or NYCHA.

1. 1. 1. 4. Rent Grievances

• • • • Rent Grievance
        • When a resident submits a grievance to dispute their rent, NYCHA staff must not do the following:
          • Initiate non-payment proceedings against the resident;
          • Proceed with existing non-payment proceedings in Landlord and Tenant Court against the resident, unless the monies sought in the non-payment proceeding result from the resident’s failure to make rent payments during a period not covered by the rent grievance. If the non-payment does not result from the resident’s failure to make rent payments during a period covered by the rent grievance, the case does not need to be adjourned in Landlord and Tenant Court; or
          • Initiate administrative proceedings for the sole charge of Chronic Rent Delinquency (CRD). If the resident meets the criteria for another administrative charge, NYCHA staff will move forward with those administrative charges. If there is an existing administrative charge of CRD in combination with another charge or charges, NYCHA will amend the charge(s) to remove CRD and continue with other administrative charges against the resident.
        • Once a decision has been made on a rent grievance, NYCHA proceeds as follows:
          • If the rent grievance is sustained (i.e., property management agrees with the grievance claim) following an informal conference, an interim recertification is to be processed to adjust the rent and apply applicable credit. If, after the credit is applied to the resident’s account, rent is still owed by the resident, property management staff can resume or initiate non-payment court proceedings against the resident. If the rent grievance is sustained at the property management level and, after taking into consideration the months the resident may have been late with rent payments due to incorrect rent, it is still determined the resident meets the criteria for CRD, property management staff may initiate or resume CRD administrative proceedings against the resident; or
          • If the rent grievance is denied (i.e., property management does not agree with the grievance claim) at the property management level following an informal conference, and a resident is not satisfied with the explanation of the decision provided, NYCHA Form 042.780A, Tenant Grievance-Property Management Notice to Tenant-Grievance Not-Sustained, must be completed and signed by NYCHA property management staff and the resident. Signing of this form indicates that the resident wants to participate in an impartial hearing with the Office of Impartial Hearings. The case will be sent for further administrative review and referral for an impartial hearing. Once a decision has been made by the Impartial Hearing Officer, property management staff can resume or initiate non-payment court proceedings or CRD administrative proceedings against the resident, if applicable.

      • Informal Conference with Property Manager

Within 30 calendar days of receiving the grievance claim, the property manager will schedule an appointment for an informal conference with the resident to discuss the claim. If the resident appears for the scheduled informal conference, the property manager conducts the informal conference, and the resident may submit any additional supporting documents as proof or give oral statements to support their claim.

If a decision cannot be made on the day of the informal conference, the property manager will make a decision on the grievance claim within 14 calendar days of the informal conference. The property manager will inform the resident verbally and by giving them NYCHA Form 042.780, Tenant Grievance - Property Management Notice to Tenant - Grievance Sustained, if their claim has been granted and NYCHA Form 042.780A, Tenant Grievance-Property Management Notice to Tenant – Grievance Sustained if their claim is denied.

• • • • Resident Grievance Sustained

Property management staff will complete any corresponding follow-up action (ex: a rent grievance that is sustained should be followed up with an interim for rent).

• • • • Appeal of Property Manager Decision (Request for further Administrative Review)

If a resident is not satisfied with the decision of the property manager, they can request an appeal. To request an appeal, the resident completes the Resident Section of NYCHA Form 042.780A, Tenant Grievance - Property Management Notice to Tenant-Grievance Not - Sustained, or NYCHA Form 042.780, Tenant Grievance - Property Management Notice to Tenant-Grievance Sustained.

• • • • Resident Fails to Appear for their Scheduled Informal Conference

If a resident fails to appear for their scheduled informal conference with the property manager, the property manager makes a decision based on the information and documents available to the property manager at that time.

If the resident grievance is not sustained based on the information the property manager has available, the property manager sends the resident NYCHA Form 042.780A, Tenant Grievance - Property Management – Notice to Tenant - Grievance Not Sustained. If this notice is hand delivered or slipped under the door, the resident has 10 business days to appeal the decision. If this notice is mailed to the resident, they have thirteen (13) business days to appeal the decision. If the resident does not appeal within the mentioned time frames the property manager’s decision remains in effect and the grievance is not sent for further administrative review.

If a resident does not appear for the informal conference, but the property manager is able to sustain (approve) the grievance based on information and documents available to the property manager, the property manager sustains (approves) the grievance claim and mails NYCHA – Form 042.789A, Tenant Grievance - Property Management Notice to Tenant - Grievance Sustained to the resident. Property management staff will complete any corresponding follow-up action (ex: a rent grievance that is sustained should be followed up with an interim recertification for rent).

1. 1. 5. Remaining Family Member (RFM) Claimant Grievance

A RFM claimant is an individual who seeks to succeed to the public housing lease after a head of household has died or vacated. .

If within 30 calendar days of NYCHA becoming aware that the resident has died or vacated an apartment, and if NYCHA does not have possession of the apartment, property management staff will hand deliver or slip under the door NYCHA Form 040.342, Remaining Family Member Grievance Claim. The RFM claimants should contact property management staff within 14 calendar days of receiving this form.

Authorized household members can submit NYCHA Form 040.342, Remaining Family Member Grievance Claim online via NYCHA Self-Service Portal or in person to property management staff. An RFM claimant who is not an authorized household member can only submit their RFM grievance claim to property management staff in person..

• • • • • Use and Occupancy

RFM claimants are required to pay use and occupancy while their grievance claim is pending. Use and occupancy is determined based on the verified income of the RFM claimant. Property management staff compare the last rent set for the previous head of household with the rate based on the verified income of the RFM claimant. The use and occupancy payment is the lower of the two amounts.

If the RFM claimant reports $0 income, they are given NYCHA Form 040.481, Zero Income Questionnaire to complete.

RFM Claimant Informal Conference with Property Manager

Within 30 calendar days of the RFM claim being submitted by the RFM claimant, the property manager schedules an informal conference with the RFM claimant to discuss the claim. If the RFM claimant appears for the scheduled informal conference, the property manager conducts the informal conference, and the RFM claimant may submit any additional supporting documents as proof or give oral statements to support their claim.

If a decision cannot be made on the day of the informal conference, the property manager makes a decision on the RFM grievance claim within 14 calendar days of the informal conference. The property manager calls the RFM claimant in to provide them with a written decision by giving them either NYCHA Form 042.789, Remaining Family Member (RFM) Grievance: Property Management Notice to RFM Claimant - Grievance Sustained, if their claim has been granted and NYCHA Form 042.789A, Property Management Notice to RFM Claimant - Grievance Not Sustained, if their claim has been denied.

• • • • • Appeal of Property Manager Decision (Request for Further Administrative Review)

If a RFM claimant is not satisfied with the decision of the property manager, they can request an appeal. The RFM claimant can request an appeal by completing the Grievant Statement Section of NYCHA Form 042.789A, Property Management Notice to RFM Claimant - Grievance Not Sustained.

The property manager must also sign NYCHA Form 042.789A, Property Management Notice to RFM Claimant - Grievance Not Sustained, as a witness after the RFM claimant has signed the form. If the RFM claimant disagrees with the explanation provided by property management and requests an appeal, their grievance is sent for further review, and they have the opportunity to participate in an informal conference with the Borough Designee or Impartial Hearing with the Impartial Hearing Officer.

Within three business days of the property manager making a decision on a RFM grievance claim:

• • • • • • If the RFM grievance claim is sustained (approved) the manager will contact the RFM and schedule an appointment for lease signing; and
          • If the RFM grievance claim is not sustained (disapproved), and the RFM claimant requested an appeal, the claim will be sent for further administrative review to a Borough Designee or to an Impartial Hearing Officer.

RFM grievance claims denied due to the following reasons are not entitled to a hearing before an Impartial Hearing Officer:

• • • • • Transfer of Tenancy

Any occupant of a NYCHA apartment who remains in the original apartment when a head of household transfers to another NYCHA apartment or an apartment subsidized by NYCHA through the Section 8 program.

• • • • • Duplicate Tenancy

Any occupant of a NYCHA apartment who is a resident or authorized occupant of another NYCHA apartment or of any other U.S. Department of Housing and Urban Development (HUD) administered public housing apartment, or a recipient of a Section 8 subsidy.

• • • • • Termination of Tenancy

Any remaining occupant of a NYCHA apartment at the time the tenancy is terminated, except:

• • • • • • If the termination of tenancy against the former resident was based on the former resident’s failure to occupy the apartment; or
          • If the termination of tenancy “bifurcated” the lease under the Violence Against Women Act (VAWA), terminating the tenancy or occupancy rights of the abuser(s) and leaving intact the tenancy/occupancy rights of the other family members. Refer to Chapter 2(g): Violence Against Women Act (VAWA), for details on bifurcation and on remaining family member rights once the abuser’s rights have been terminated.

        • Permanent Exclusion

Any member of a resident family who was permanently excluded from the household before the resident moved out or died.

• • • • • Resident Employee/Senior Resident Advisor/Resident Police Officer

Any Resident Employee, Senior Resident Advisor, or Resident Police Officer and their family who occupies a NYCHA apartment with a Resident Employee, Senior Resident Advisor, or Resident Police Officer lease only, and not a public housing lease.

• • • • • RFM Claimant Appeal to Borough Management

If the RFM claimant requests an appeal after the denial of their RFM grievance due to the reasons above, property management staff will send the RFM grievance claim to the respective Borough Designee for review.

Within 14 calendar days of the RFM Grievance claim being assigned to the Borough Designee, the Borough Designee schedules an informal conference with the RFM claimant. At the informal conference the RFM claimant can submit any additional documents as proof and give oral statements to support their claim. If the Borough Designee agrees with property manager decision to deny the RFM Grievance claim for the reasons listed above, the Borough Designee verbally informs the RFM claimant of their agreement with the property manager denial of their RFM grievance claim and provides the RFM claimant with NYCHA Form 040.302D, Remaining Family Member (RFM) Grievance: Borough Management Department Dismissal. There is no appeal from the decision of the Borough Designee.

If the Borough Designee disagrees with the property manager’s decision and determines:

• • • • • • The RFM grievance claim should be denied due to a reason that should be reviewed by an Impartial Hearing Officer, the RFM Grievance is sent for further administrative review by an Impartial Hearing Officer; or
          • The RFM claimant does qualify for tenancy, the RFM Grievance is sent back to the property manager. The property manager contacts the RFM claimant and provides them NYCHA Form 042.789, Remaining Family Member (RFM) Grievance: Property Management Notice to RFM Claimant - Grievance Sustained and conducts a lease signing.
      • RFM Claimant Fails to Appear for their Scheduled Informal Conference

If an RFM claimant fails to appear for their scheduled informal conference with the property manager, the property manager will make a decision based on the information and documents available to them at that time.

If the RFM grievance is sustained (approved) the property manager will contact the RFM claimant and schedule an appointment for lease signing.

If the RFM grievance is not sustained (disapproved) the property manager must contact NYCHA Law Department for guidance to regain possession of the apartment in Landlord and Tenant Court.

1. 1. 6. Document Reproduction

NYCHA gives the grievant the opportunity to examine before the hearing and, at the expense of the grievant, to copy all documents, records and regulations of the Authority that are relevant to the hearing. At the hearing, NYCHA may not rely on any document not made available to the grievant.

1. 1. 7. Formal Hearing with Impartial Hearing Officer

The grievance (brought by resident or RFM claimant) will be heard at the Office of Impartial Hearings before a Hearing Officer. The Hearing Officer's decision will be binding on NYCHA. The resident or RFM claimant has the right to be represented by an attorney or other person they choose and may present evidence and arguments in support of the grievance. If the resident, RFM claimant, or NYCHA fails to appear at a scheduled hearing, the Hearing Officer may make a determination to postpone the hearing for no more than five (5) business days or may make a determination that the party has waived their right to a hearing. Both the resident or RFM claimant and NYCHA must be notified of the determination by the Hearing Officer. A determination that the resident or RFM claimant has waived the resident’s or RFM claimant’s right to a hearing will not constitute a waiver of any right the resident or RFM claimant may have to contest NYCHA's disposition of the grievance in an appropriate judicial proceeding.

1. 1. 8. Decision Of the Hearing Officer and Grievance Hearing Records

The Hearing Officer will prepare a written decision. Copies of the decision will go to the RFM claimant or resident, the resident folder, and to a file at Central Office.

All grievance hearings, informal and formal, will require a summary or log including the names of participants, date, the nature of the proposed disposition of the grievance, and specific reasons for the decision.

A written notification specifying the time, place, and the procedures governing the hearing must be delivered to the grievant and the appropriate NYCHA staff that need to be made aware of the grievance and the reason for decision.

NYCHA maintains a log of all Hearing Officer decisions and makes that log available upon request of the Hearing Officer, a prospective complainant, or a prospective complainant's representative. Property management staff will complete the required follow-up action based on the decision of the Impartial Hearing Officer.

---