Both H.R. 2 and S. 462 retain important features of existing law which generally require an administrative grievance procedure with basic due process protections before eviction except in the case of criminal activity or threats to health and safety. However, proposed changes to exclude certain grievances from the administrative procedures and to shorten notice periods compromise its utility as a safeguard for residents. The grievance procedure, negotiated by residents with the PHAs, has been effectively used for decades to resolve almost all disputes that rise to the level of an eviction. The compromise should preserve the administrative grievance process for alleged offenses other than those dealing with criminal activity posing health and safety threats for which an expedited process is amply provided for under current law. The compromise should provide for a 12 month lease for public housing residents.
Housing is central to the ability to move from dependency to self-sufficiency.
The loss of housing assistance, particularly for persons making this transition, should be scrutinized carefully. The grievance process provides an opportunity for that scrutiny. No justification exists for bypassing the grievance process outside the context of drug-related or criminal activities which pose a threat to others. The grievance process results offers an informal forum in which most cases can be resolved without the time and expense of court for either the PHA or residents. Court poses the additional obstacle for tenants of having to present their story, most often, without the benefit of counsel.