 GRIEVANCE RIGHTS Housing Problems? Renters Rights Hotline 415-354-6353 The notice should inform you of this right and the timeline and process for requesting the hearing. You must initially request an "informal settlement" with the property manager. If the decision is not in your favor you may then request a formal hearing. (There are certain types of evictions relating to health and safety hazards and criminal activity where you are not granted the right to a grievance hearing.) The hearing process is outlined in the SFHA's Admissions and Continued Occupancy Policies (ACOP): Appendix B. Important: Hearing decisions and/or failure to request or attend hearings to not impatc your right to sue in court at a later date. The Grievance Process Step 1: Request a Hearing. The first step when you disagree with a formal Housing Authority decision about your residency is to request an informal hearing, which is a meeting with your property manager. After you receive notice of a decision, you have 10 days (or the time period given on your notice) to request the informal hearing. You must make the request in writing and state the reasons why you are contesting the SFHA's decision and submit it to the property management office. You must be given the informal hearing within 15 days of your request. Step 2. Informal Hearing At your informal hearing, bring any documentation or witnesses you have, as well as any written testimonial or letters from others. You may want to bring a witness or advocate with you and you may want to ask permission to record the meeting. It is very important that you or your witness take notes. After the hearing a written decision, or "summary of discussion", must be prepared within 5 days of the hearing. The decision must be sent to you by registered or certified mail or hand delivered with a signed receipt. It must also be written in the appropriate language needed by the resident. If you are unsatisfied with the results of the informal settlement you have 10 days to request a formal hearing. Step 3: Formal Hearing A written request for a formal hearing must be sent to the SFHA legal department (440 Turk St, San Francisco, California 94102) within 10 days of the receipt of the decision of the informal hearing. This should be sent by registered or certified mail to guarantee time and proof of receipt. The request must specify the reason for the grievance and the action or relief sought. A hearing will be scheduled for the second Friday of the month after receipt of the request with an assigned hearing officer. You will receive written notification of your hearing date/time by registered or certified mail or hand delivery. The hearing must be both promptly scheduled and "reasonably convenient" for both parties. If there is a major difficulty in your being able to attend the scheduled hearing, you should ask for a more convenient time during normal business hours. You may also object to the Hearing Officer assigned to your case. To request a change of Hearing Officer or to re-schedule you hearing date, you must submit the request in writing to the Hearing Coordinator at least 24 hours before your hearing is scheduled. Step 4: The Hearing You must begin by making a case for why the SFHA should change their decision. Then, the SFHA must be able to justify their decision. The hearing is run informally so, you may introduce any type of evidence you have at the hearing. You may arrange for a transcript of the hearing to be provided, at your expense. Important: SFHA policies state that, "the Hearing Officer may render a decision without proceeding with the Hearing if the Hearing Officer determines that the issue has been previously decided in another proceeding". Your Hearing Rights • You have the right to view and have copies of your file and any documents of the SFHA that are relevant to your hearing • You have the right to bring a witness or be represented by counsel or any other person • You have the right to a private hearing • You have the right to present evidence and to challenge evidence presented by the SFHA Step 5: Hearing Decision: A written decision must be granted within 10 working days of the hearing. If you believe the final decison is unfair or violates your rights, you have the right to pursue other legal action. See our legal services list for information about legal resources. Note: The Board of Commissioners of the SFHA shall have the authority to any decision of the Hearing Officer within fifteen days if the decision is contrary to state, federal or local law. Click here
for the SFHA's
official grievance procedures. |