California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 7 - Department of Housing and Community Development Programs › Subchapter 10 - Rental Housing Construction Program › Article 5 - Operations › Section 7862 - Appeal and Grievance Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each sponsor shall submit, together with
					 its affirmative marketing program, proposed appeal and grievance procedures for
					 resolving complaints by the sponsor concerning the sponsor's tenants and by its
					 present or prospective tenants concerning the sponsor or the sponsor's other
					 tenants. The proposed procedures shall be reviewed by and be subject to the
					 approval of the Department, which shall require such modifications as may be
					 necessary and appropriate. The procedures shall include feasible informal and
					 formal mechanisms for dispute resolution as are appropriate given the nature of
					 the housing sponsor, the size and nature of the development, and the
					 characteristics of the tenants (including English language fluency). Where
					 appropriate, the procedure shall provide that unresolved grievances or
					 additional appeals shall be directed to the responsible agency for review and
					 recommendation. The Department shall be the final authority for purpose of
					 interpretation of the requirements of the Program, upon a written request for
					 interpretation.
(b) A written copy
					 of the approved grievance and appeal procedures shall be given to each tenant
					 at the time of admission and thereafter as changes are approved, and to each
					 prospective tenant upon rejection.
(c) Any grievance, including a contractual
					 dispute, of a sponsor with another sponsor or its responsible agency shall be
					 addressed first with the executive officer of that agency. If the matter is not
					 resolved to the satisfaction of the sponsor, it may be addressed in writing to
					 the Director of the Department.
(d)
					 At a minimum, the tenant appeal and grievance procedure must include the
					 following:
(1) Oral or written request for
					 informal hearing written a reasonable time after the basis for appeal or
					 grievance arose;
(2) A prompt
					 informal hearing and written decision to the tenant including the right to a
					 formal hearing;
(3) Oral or written
					 request for a formal hearing within a reasonable time after such request and
					 before an impartial person jointly selected by the sponsor and tenant. If they
					 cannot agree on such a person, each may appoint a representative who, together,
					 shall appoint a third person who shall comprise the hearing panel.
(4) The hearing be held in a manner to ensure
					 fairness and the provision of basic safeguards of due process after at least
					 three days written notice to the parties. The decision shall be based solely on
					 a preponderance of evidence presented at the hearing.
(5) If the tenant or sponsor fails to appear
					 at the hearing, the hearing officer or panel may, in its discretion, either
					 postpone the matter for no more than five days or make a determination that the
					 absent party waived the right to the hearing.
(6) Within two weeks of the request for the
					 hearing, the hearing officer or panel shall prepare a written decision to be
					 sent to the sponsor, tenant, responsible agency and
					 Department.