Appeal Process Revised for Tenant Complaints

On September 4, 2014, HUD issued Notice H 2014-12 (Implementation of Tenant Participation Requirements in accordance with 24 CFR Part 245). The part that changed was Section F, detailing the appeal procedure for tenants or tenant organizations when complaints haven’t been resolved at the local level.

The enforcement process begins with a tenant or tenant organization filing a written complaint with the local HUD office, alleging a consistent pattern of HUD program requirements or one violation that caused serious harm to tenant or the public. A list of items that can be used as factual evidence supporting the claim is provided.

If, after investigating, the Hub Director doesn’t find reasonable cause to support the complaint, the Director will close the case.

If the case remains open, the Hub Director will bring the parties together to try to conciliate, which is voluntary. If appropriate, the Hub Director signs a conciliation agreement. If, after investigating, the Hub Director doesn’t find reasonable cause to support the complaint, the Director will close the case. If there is a signed conciliation agreement, the case will be closed; however the Hub Director can re-open it if either party breaches the agreement.

The Hub Director could pursue Enforcement action after owner notification and a chance to respond. If the owner fails to respond or to address the issue(s) in a satisfactory way, then a referral will be sent to Enforcement and the owner will be flagged in APPS (Active Partners Participation System).

If one of the complainants disagrees with the Hub Director’s decision, s/he can request that the case be reconsidered by sending a letter to Headquarters. HUD will then invite all parties to submit any additional evidence, will review the evidence and then inform the parties of its decision.

View Notice H 2014-12, issued on September 4, 2014.