For the purpose of this subpart, the following definitions are applicable:
(a) Grievance shall mean any dispute which a tenant may have with respect to PHA action or failure to act in accordance with the individual tenant's lease or PHA regulations which adversely affect the individual tenant's rights, duties, welfare or status.
(b) Complainant shall mean any tenant whose grievance is presented to the PHA or at the project management office in accordance with §§ 966.54 and 966.55(a).
(c) Elements of due process shall mean an eviction action or a termination of tenancy in a State or local court in which the following procedural safeguards are required:
(1) Adequate notice to the tenant of the grounds for terminating the tenancy and for eviction;
(2) Right of the tenant to be represented by counsel;
(3) Opportunity for the tenant to refute the evidence presented by the PHA including the right to confront and cross-examine witnesses and to present any affirmative legal or equitable defense which the tenant may have;
(4) A decision on the merits.
(d) Hearing officer shall mean a person selected in accordance with § 966.55 of this subpart to hear grievances and render a decision with respect thereto.
(e) Hearing panel shall mean a panel selected in accordance with § 966.55 of this subpart to hear grievances and render a decision with respect thereto.
(f) Tenant shall mean the adult person (or persons) (other than a live-in aide):
(1) Who resides in the unit, and who executed the lease with the PHA as lessee of the dwelling unit, or, if no such person now resides in the unit,
(2) Who resides in the unit, and who is the remaining head of household of the tenant family residing in the dwelling unit.
(g) Resident organization includes a resident management corporation.
[40 FR 33406, Aug. 7, 1975. Redesignated at 49 FR 6714, Feb. 23, 1984, and amended at 56 FR 51579, Oct. 11, 1991]
Title 24 published on 2012-04-01
no entries appear in the Federal Register after this date.
This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.