House & Apartment

A public housing authority (PHA) must have written grievance procedures. The PHA must give a copy with the lease or as part of the lease.

A tenant A person who rents a space in public housing often has the right to a grievance hearing When the parties in a case present their sides of a case to a judge or other officer before an eviction A court case brought by a landlord to get a tenant to move out case is filed. The tenant does not have the right to a grievance hearing if:

• The tenant does not request the hearing on time,
• The eviction involves activity that threatens the health or safety of others,
• The eviction involves violent or drug-related criminal activity, on or off the property, or
• The eviction involves activity resulting in a felony A serious crime that is punishable by more than one year in prison conviction. When someone is declared guilty of a crime by a court

A tenant can keep the right to a grievance hearing by:

• Making a written request for an informal hearing,
• Attending the informal hearing,
• If the issue is not resolved, making a written request for a formal hearing, and
• Attending the formal grievance hearing.

During the grievance process, the landlord An owner of property who rents it out to a tenant cannot file an eviction case against the tenant.

Read the eviction A court case brought by a landlord to get a tenant to move out notice. Look for:

• Whether the notice says there is a right to a grievance hearing, When the parties in a case present their sides of a case to a judge or other officer and
• The deadline to request the hearing.

Make a written request for an informal hearing. Keep a copy before delivery. The request must arrive at the building manager or PHA by the deadline.

The request may be delivered:

• In person, or
• By mail.

If mailed, the request must arrive by the deadline.

The informal grievance hearing When the parties in a case present their sides of a case to a judge or other officer is a meeting with a building manager or PHA representative.

Bring evidence Anything used to show that something is true about the issue in the notice. Evidence can include:

• Papers,
• Witnesses, or
• Notarized letters from witnesses.

A tenant A person who rents a space can also bring a representative or attorney to the meeting.

The meeting may end with an agreement that addresses the issue. For example, a tenant who is behind on rent can ask for a repayment agreement at the informal hearing.

After the meeting, the manager or PHA must give:

• A written summary of the discussion,
• A written decision, and
• The deadline to request a formal grievance hearing.

If the issue is not resolved at the informal hearing, When the parties in a case present their sides of a case to a judge or other officer make a written request for a formal grievance hearing. Find the deadline for the written request. If the request is not made by the deadline, the decision from the informal meeting is final.

At the formal hearing, the tenant A person who rents a space can challenge the PHA’s reasons for eviction. A court case brought by a landlord to get a tenant to move out The hearing may be held by a hearing officer or a panel of hearing officers. Hearings are private unless the tenant requests a public hearing.

Before the formal hearing, When the parties in a case present their sides of a case to a judge or other officer the tenant A person who rents a space has the right to:

• Review relevant PHA papers, including records and rules,
• Copy PHA papers, if the tenant pays for the copies, and
• If the eviction A court case brought by a landlord to get a tenant to move out involves a criminal record, get a free copy of the criminal record at issue.

Request to review the PHA’s papers. If the PHA does not make them available, they cannot use them at the hearing.

Decide what evidence Anything used to show that something is true to present, including witness A person who answers questions in court under oath testimony. Evidence given orally by witnesses The hearing officer or panel decides based only on the evidence presented at the formal hearing. They do not investigate independently.

Make sure witnesses are available for the scheduled hearing date and time. 

Attend the formal grievance hearing When the parties in a case present their sides of a case to a judge or other officer to prevent evidence. Anything used to show that something is true The tenant A person who rents a space can also bring a representative or attorney to the formal hearing. 

If a party A person or business involved in a court case in a role like plaintiff, petitioner, defendant, respondent, or intervenor. does not attend, the hearing officer can:

• Postpone the hearing for up to 5 business days, or
• Decide that the absent party waived the right to the hearing.

The hearing officer or panel can also rule on requests to continue the hearing to another date.

At the hearing, present any evidence to be considered in the final decision, including witness A person who answers questions in court under oath testimony. Evidence given orally by witnesses The tenant also has the right to:

• Challenge the PHA’s evidence, and
• Cross-examine the PHA’s witnesses.

The hearing officer or panel must issue a written decision. This decision is based only on the evidence presented at the hearing. The decision must explain the basis for the decision and consider mitigating conditions.

If the issue is not resolved in the tenant’s favor, the landlord An owner of property who rents it out to a tenant must file an eviction case in court to seek eviction. If the tenant does not attend, the judge may decide the case without hearing that tenant’s side. Learn more about Going to court for an eviction case.