Haw. Code R. § 17-2031-107 - Grievance process

(a) For the termination of assistance and several other authority determinations, the PBV program rules require the authority to provide an opportunity for an informal hearing, as outlined in 24 CFR 982.555, as it existed on October 20, 2022. RAD specifies alternative requirements for 24 CFR 982.555(b), as it existed on October 20, 2022, in part, to require that:

(1) In addition to reasons that require an opportunity for an informal hearing given in 24 CFR 982.555(a) (1) (i)-(vi), as it existed on October 20, 2022, an opportunity for an informal hearing must be given to families for any dispute that a family may have with respect to a project owner action in accordance with the family's lease or the authority in accordance with RAD PBV requirements that adversely affect the family's rights, obligations, welfare, or status.

(A) For any hearing required under 24 CFR 982.555(a) (1) (i)-(vi), as it existed on October 20, 2022, the authority will perform the hearing, as is the current standard in the program. The hearing officer must be selected in accordance with 24 CFR 982.555 (e) (4) (i), as it existed on October 20, 2022.

(B) For any additional hearings required under RAD, the project owner will perform the hearing.

(1) There is no right to an informal hearing for class grievances or to disputes between families not involving the project owner or the authority.

(2) The project owner gives families notice of their ability to request an informal hearing as outlined in 24 CFR 982.555(c) (1), as it existed on October 20, 2022, for informal hearings that will address circumstances that fall outside of the scope of 24 CFR 982.555(a)(1)(i)-(vi), as it existed on October 20, 2022.

(3) The project owner provides opportunity for an informal hearing before an eviction.

Notes

Haw. Code R. § 17-2031-107

[Eff 12/31/2022] (Auth: HRS § 356D-13) (Imp: HRS § 356D-13; HUD Notice H-2019-09 PIH-2019-23(HA) issued 9/5/2019 (RAD Notice) section 1.6. C.6)