Thank you for consulting CHOC's Grievance and Appeal Procedure. If you
have a grievance regarding your housing, please follow the guidelines below to
help us resolve it together.
Depending on your resident community and your unit financing designation, the
Grievance and Appeal Procedure will vary slightly. Residents living at Fox
Creek, Heather Glen, Tuscany Villas, or Rosewood should check with
their manager for their unit designation. If your unit has RHCP financing,
you will need to consult the Grievance and Appeal Procedure found by clicking here. All other residents may consult the
Procedure directly below.
COMMUNITY HOUSING OPPORTUNITIES CORPORATION
FOR PROPERTIES WITHOUT RHCP FINANCING
Grievance and Appeal Procedure
1. DEFINITIONS
a. (Your resident community) is referred to as "the project" in this
procedure.
b. Community Housing Opportunities Corporation is referred to as
"management" or "we"/"us" in this procedure.
c. The Low Income Tax Credit Program is referred to as "Section 42"
or "LIHTC" in this procedure.
d. Complainant is defined as any resident or prospective resident in the
project whose rights, duties, welfare, or status are or may be adversely
affected by management's action or failure to act and who files a grievance with
management with respect to such action or failure to act. Complainant is
referred to in this procedure as "complainant," "you", or
"tenant."
e. Grievance is defined as any dispute with respect to management action or
failure to act in accordance with lease requirements, or any management action
or failure to act involving the interpretation or application of management
regulations, policies, or procedures which adversely affects the rights, duties,
welfare, or status of the complainant.
2. DISTRIBUTION AND AMENDMENTS TO THIS PROCEDURE.
We must give a copy of this procedure to you at the time you move into the
project. Whenever this procedure is changed, we must provide a revised copy to
you, with a 30-day notice of any change's effective date.
3. APPLICABILITY.
a. This procedure shall apply to all individual grievances between you and us.
b. This procedure shall not apply to:
1) the validity or propriety of the terms and conditions of the residential
lease,
2) eviction or termination of tenancy based upon your creation or maintenance of
a threat to the health or safety of other tenants or our employees,
3) class grievances, and
4) disputes between you and other tenants not involving us.
4. RIGHT TO A HEARING.
When you file a written or oral request as described in this procedure, you are
entitled to a hearing, relative to any grievance as defined in Section 1. of
this procedure. You are not entitled to a hearing if we serve you with an
eviction notice pursuant to Section 1161(4) of the Code of Civil Procedure.
Section 1161(4) states that subletting, waste, nuisance, or unlawful use are
grounds for service of a 3-Day Notice to Quit upon the person(s) in possession
of the dwelling unit.
5. TYPES OF HEARINGS.
There are two types of meetings with respect to this procedure:
a. Informal meeting. This is an informal meeting between you and us to discuss
your grievance. The goal of the informal meeting is to settle the problem
without the need for a formal hearing. In the event the problem is not settled,
you are entitled to request a formal hearing as provided in this procedure.
b. Formal hearing. This is a formal hearing with you, us, and a hearing
officer or hearing panel. Decisions from this hearing are binding on you and us,
subject to Section 9. Below.
6. INFORMAL MEETING.
a. Presentation of grievance. You must present your grievance to us in one of
the following ways: either orally or in writing, by mail, fax or in person at
our office, so that you and we may discuss your grievance informally. Our
address is 1490 Drew Avenue, Suite 160, Davis, CA. Telephone (530) 757-4444, fax
(530) 757-4454. You must present your grievance within a reasonable time, not to
exceed ten days from our action or failure to act which is the basis for your
grievance. The grievance must be simply stated, but you should specify the
particular ground(s) for the grievance and the action or relief you seek. We
will schedule a meeting with you within seven days after we receive your
request.
b. Summary and answer. We will prepare a written, dated, and signed summary
of our discussion and answer to your grievance within a reasonable time, not to
exceed fourteen calendar days. We will mail or deliver one copy to you and keep
one in your file. Our answer shall specify 1) the names of the hearing
participants, 2) the date of the hearing, 3) the nature of the grievance, 4) the
proposed disposition of the grievance and the specific reasons therefore, 5) your
right to a formal hearing, and 6) the procedure by which you may request a
formal hearing if you are not satisfied with the proposed disposition.
c. Request for a formal hearing. If you are dissatisfied with the proposed
disposition of the grievance as stated in the answer, you may submit a written
request to us for a formal hearing. You should make your written request within
a reasonable time after we mail to you the answer to the grievance, not in
excess of ten calendar days, and you must date and sign the request. We will
place a copy of your request in your file along with the grievance and the
answer.
d. Failure to request a hearing. If you do not request a formal hearing
within the time allowed in c. above, you waive your right to a formal hearing
and the proposed disposition of the grievance becomes final. This shall not,
however, constitute a waiver of your right thereafter to contest the disposition
of the grievance in an appropriate judicial proceeding.
7. FORMAL HEARING.
a. Selection of the hearing officer or hearing panel. When we receive your
request for a formal hearing, we will contact you in person or by telephone to
discuss the selection of a hearing officer. The hearing officer must be an
impartial, disinterested person selected jointly by us and you. If we and you
cannot agree on a hearing officer, we and you shall each appoint a
representative and the two members so appointed shall select a third member. If
the members you and we appoint cannot agree on a third member, such member shall
be appointed by an independent organization contacted by us, such as a local
mediation board or chapter of the American Arbitration Association. The
chairperson of a hearing panel shall be elected by the members of the panel.
The following guidelines govern the selection of hearing officers and panel
members:
1) No relative of yours may serve as a hearing officer or panel member.
2) None of our officers or employees who directly proposed a disposition to
the grievance or whose duties and responsibilities directly involve him/her in
any way with the grievance at issue may serve as a hearing officer or panel
member for the formal hearing.
3) The third member of the panel may not be one of our officers or employees,
nor a resident of any property under our jurisdiction.
b. Time limits. Both you and we must act to avoid unnecessary delays in
resolving grievances. The hearing officer or panel shall be selected and the
hearing scheduled by us as promptly as possible, no more than five days after
the receipt of your request for a hearing. We will make all reasonable effort so
that the date, time, and location of the hearing are convenient to you. We will
inform you of the schedule for the hearing and the procedures governing the
hearing by way of written notification delivered or mailed to you no less than
five days in advance.
c. Fair hearing. You are entitled to a fair hearing providing the basic
safeguards of due process before the hearing officer or panel and you may be
represented by counsel or another person chosen as you representative. You must
be personally present at the hearing.
d. Private hearing. The hearing will be private unless you request a public
hearing. The attendance of persons with a valid interest in the proceedings
shall not be limited.
e. Discovery. You or your authorized representative may examine before the
hearing and, at your expense, request copies of all of our documents, records,
and regulations that are relevant to the hearing. Any document not made
available after you request it may not be relied on by us at the hearing. You or
we may request, in advance, and at your or our expense, a transcript of the
hearing.
f. Disputed rents and other charges. If the grievance involves the amount of
rent, or other charges that we claim as due, we may require you to pay to us up
to 100% of any disputed rent or charges, and we will deposit the funds in a
trust account until resolution of the dispute. If you fail to make the required
payments, the hearing officer or panel may determine that you have waived your
right to a hearing. Your failure to make payments shall not constitute a waiver
of your right to thereafter contest our disposition of the grievance in an
appropriate judicial proceeding. On resolution of the dispute, or the decision
of the hearing officer or panel, the money shall be refunded to you or directed
to us as is appropriate based upon the decision of the hearing officer or panel.
g. Proof. At the hearing, you must clearly state the facts, and then be
prepared to present evidence to support those facts. The burden of proof is then
on us to justify the action or inaction we proposed in the answer to the
grievance. You may present evidence and arguments in support of your grievance,
raise arguments against evidence relied upon by us, and confront and
cross-examine all witnesses on whose testimony or information we rely.
Hearings conducted by the hearing officer or panel shall be informal, and any
oral or documentary evidence, as limited, however, to the facts and issues
raised by the grievance and answer, may be received by the hearing officer or
panel without regard to whether that evidence would be admissible under the
rules of evidence employed in judicial proceedings.
h. Failure to appear at hearing. If either you or we fail to appear at a
hearing, the hearing officer or panel may postpone the hearing for up to five
days, or make a determination that the absent party has waived its right to a
hearing.
8. DECISIONS OF THE HEARING OFFICER OR HEARING PANEL.
a. Binding effect. The decision of the hearing officer shall be based solely and
exclusively upon facts presented at the hearing and upon applicable law and our
and Section 42/LIHTC regulations and policies. To the extent that the decision
is not inconsistent with applicable law and Section 42/LIHTC regulations and
requirements promulgated thereunder, and the extent provided in Section 9.
below, the decision of the hearing officer or panel shall be binding.
b. Proposed decision. Both you and we may agree to prepare a proposed
decision to the hearing officer or panel. If both agree to do so, each of us
shall submit same to the officer or panel for consideration.
c. Written decision. The hearing officer or panel shall prepare a written
decision, including a statement of findings and conclusions, as well as the
reasons or basis of them, upon all material issues raised by you or us. This
shall be done within a reasonable time after the date of the hearing, not to
exceed five days. Copies thereof shall be mailed or delivered to parties and/or
their representatives. Also, we will place a copy of the written decision of the
hearing officer or panel, together with all documents related to the grievance,
in your file.
d. Costs. If the hearing officer or panel renders a decision in our favor and
further specifically finds that the grievance was totally without basis and
filed for the purpose of harassment or based on the same or similar facts as a
grievance previously filed by you or a member of your household or on your or
their behalf, the hearing officer or panel may, at its discretion, assess the
cost and expenses of the hearing to you.
9. ENFORCEMENT OF HEARING OFFICERS' OR HEARING PANEL'S DECISION.
a. Compliance with decision. If the decision is in your favor, we shall promptly
take all actions necessary to carry out such decision or refrain from any action
prohibited by such decision unless we determine and notify you in writing within
thirty days that the hearing officer or panel has acted contrary to federal,
state or local law, or Section 42/LIHTC regulations or requirements. In such
event, the hearing officer's or panel's decision may be judicially reviewed.
b. Failure to comply with decision. Should any of the parties to a decision
fail to voluntarily comply with the provisions of a decision of the hearing
officer or panel, the aggrieved party may take appropriate legal action to
enforce compliance.
c. Enforcement of an eviction action. If you request a hearing on a proposed
eviction and the hearing officer or panel in its decision upholds our proposal
to evict, we cannot start our action to regain possession until the expiration
of the time period that was contained in our original notice to you.
10. RIGHT TO GO TO COURT.
This grievance and appeal procedure has been established to provide all parties
with a nonjudicial means of resolving problems and disputes. Neither use of or
participation in any of the procedures included herein, no a decision by the
hearing officer or panel, which is in favor of us and/or denies you your
requested relief in whole or in part, shall constitute a waiver of, nor affect
in any manner, whatever rights you or we may have to any judicial proceedings
which may thereafter be brought in the matter. In such proceedings, we shall, by
stipulation or other appropriate means, be limited to invoking against you the
grounds we originally relied on in our proposed disposition of the grievance.
The above Procedure
will apply to most residents. If your unit has RHCP financing, you should
consult the Procedure below.
COMMUNITY HOUSING OPPORTUNITIES CORPORATION
RENTAL HOUSING CONSTRUCTION PROGRAM
Grievance and Appeal Procedure
1. DEFINITIONS
a. (Your resident community) is referred to as "the project" in this
procedure.
b. Community Housing Opportunities Corporation is referred to as
"management" or "we"/"us" in this procedure.
c. The State of California, Department of Housing and Community Development,
Rental Housing Construction Program, is referred to as "RHCP" in this
procedure.
d. The Low Income Tax Credit Program is referred to as "Section 42"
or "LIHTC" in this procedure.
e. Complainant is defined as any resident or prospective resident in the
project whose rights, duties, welfare, or status are or may be adversely
affected by management's action or failure to act and who files a grievance with
management with respect to such action or failure to act. Complainant is
referred to in this procedure as "complainant," "you", or
"tenant."
f. Grievance is defined as any dispute with respect to management action or
failure to act in accordance with lease requirements, or any management action
or failure to act involving the interpretation or application of RHCP and
management regulations, policies, or procedures which adversely affects the
rights, duties, welfare, or status of the complainant.
2. DISTRIBUTION AND AMENDMENTS TO THIS PROCEDURE.
We must give a copy of this procedure to you at the time you move into the
project and to each prospective tenant who is rejected for tenancy. Whenever
this procedure is changed, we must provide a revised copy to you, with a 30-day
notice of any change's effective date.
3. APPLICABILITY.
a. This procedure shall apply to all individual grievances between you and us.
b. This procedure shall not apply to:
1) the validity or propriety of the terms and conditions of the residential
lease,
2) eviction or termination of tenancy based upon your creation or maintenance of
a threat to the health or safety of other tenants or our employees,
3) class grievances, and
4) disputes between you and other tenants not involving us.
4. RIGHT TO A HEARING.
When you file a written or oral request as described in this procedure, you are
entitled to a hearing, relative to any grievance as defined in Section 1. of
this procedure. You are not entitled to a hearing if we serve you with an
eviction notice pursuant to Section 1161(4) of the Code of Civil Procedure.
Section 1161(4) states that subletting, waste, nuisance, or unlawful use are
grounds for service of a 3-Day Notice to Quit upon the person(s) in possession
of the dwelling unit.
5. TYPES OF HEARINGS.
There are two types of meetings with respect to this procedure:
a. Informal meeting. This is an informal meeting between you and us to discuss
your grievance. The goal of the informal meeting is to settle the problem
without the need for a formal hearing. In the event the problem is not settled,
you are entitled to request a formal hearing as provided in this procedure.
b. Formal hearing. This is a formal hearing with you, us, and a hearing
officer or hearing panel. Decisions from this hearing are binding on you and us,
subject to Section 9. Below.
6. INFORMAL MEETING.
a. Presentation of grievance. You must present your grievance to us in one of
the following ways: either orally or in writing, by mail, fax or in person at
our office, so that you and we may discuss your grievance informally. Our
address is 1490 Drew Avenue, Suite 160, Davis, CA. Telephone (530) 757-4444, fax
(530) 757-4454. You must present your grievance within a reasonable time, not to
exceed ten days from our action or failure to act which is the basis for your
grievance. The grievance must be simply stated, but you should specify the
particular ground(s) for the grievance and the action or relief you seek. We
will schedule a meeting with you within seven days after we receive your
request.
b. Summary and answer. We will prepare a written, dated, and signed summary
of our discussion and answer to your grievance within a reasonable time, not to
exceed fourteen calendar days. We will mail or deliver one copy to you and keep
one in your file. Our answer shall specify 1) the names of the hearing
participants, 2) the date of the hearing, 3) the nature of the grievance, 4) the
proposed disposition of the grievance and the specific reasons therefore, 5) your
right to a formal hearing, and 6) the procedure by which you may request a
formal hearing if you are not satisfied with the proposed disposition.
c. Request for a formal hearing. If you are dissatisfied with the proposed
disposition of the grievance as stated in the answer, you may submit a written
request to us for a formal hearing. You should make your written request within
a reasonable time after we mail to you the answer to the grievance, not in
excess of ten calendar days, and you must date and sign the request. We will
place a copy of your request in your file along with the grievance and the
answer.
d. Failure to request a hearing. If you do not request a formal hearing
within the time allowed in c. above, you waive your right to a formal hearing
and the proposed disposition of the grievance becomes final. This shall not,
however, constitute a waiver of your right thereafter to contest the disposition
of the grievance in an appropriate judicial proceeding.
7. FORMAL HEARING.
a. Selection of the hearing officer or hearing panel. When we receive your
request for a formal hearing, we will contact you in person or by telephone to
discuss the selection of a hearing officer. The hearing officer must be an
impartial, disinterested person selected jointly by us and you. If we and you
cannot agree on a hearing officer, we and you shall each appoint a
representative and the two members so appointed shall select a third member. If
the members you and we appoint cannot agree on a third member, such member shall
be appointed by an independent organization contacted by us, such as a local
mediation board or chapter of the American Arbitration Association. The
chairperson of a hearing panel shall be elected by the members of the panel.
The following guidelines govern the selection of hearing officers and panel
members:
1) No relative of yours may serve as a hearing officer or panel member.
2) None of our officers or employees who directly proposed a disposition to
the grievance or whose duties and responsibilities directly involve him/her in
any way with the grievance at issue may serve as a hearing officer or panel
member for the formal hearing.
3) The third member of the panel may not be one of our officers or employees,
nor a resident of any property under our jurisdiction.
b. Time limits. Both you and we must act to avoid unnecessary delays in
resolving grievances. The hearing officer or panel shall be selected and the
hearing scheduled by us as promptly as possible, no more than five days after
the receipt of your request for a hearing. We will make all reasonable effort so
that the date, time, and location of the hearing are convenient to you. We will
inform you of the schedule for the hearing and the procedures governing the
hearing by way of written notification delivered or mailed to you no less than
five days in advance.
c. Fair hearing. You are entitled to a fair hearing providing the basic
safeguards of due process before the hearing officer or panel and you may be
represented by counsel or another person chosen as you representative. You must
be personally present at the hearing.
d. Private hearing. The hearing will be private unless you request a public
hearing. The attendance of persons with a valid interest in the proceedings
shall not be limited.
e. Discovery. You or your authorized representative may examine before the
hearing and, at your expense, request copies of all of our documents, records,
and regulations that are relevant to the hearing. Any document not made
available after you request it may not be relied on by us at the hearing. You or
we may request, in advance, and at your or our expense, a transcript of the
hearing.
f. Disputed rents and other charges. If the grievance involves the amount of
rent, or other charges that we claim as due, we may require you to pay to us up
to 100% of any disputed rent or charges, and we will deposit the funds in a
trust account until resolution of the dispute. If you fail to make the required
payments, the hearing officer or panel may determine that you have waived your
right to a hearing. Your failure to make payments shall not constitute a waiver
of your right to thereafter contest our disposition of the grievance in an
appropriate judicial proceeding. On resolution of the dispute, or the decision
of the hearing officer or panel, the money shall be refunded to you or directed
to us as is appropriate based upon the decision of the hearing officer or panel.
g. Proof. At the hearing, you must clearly state the facts, and then be
prepared to present evidence to support those facts. The burden of proof is then
on us to justify the action or inaction we proposed in the answer to the
grievance. You may present evidence and arguments in support of your grievance,
raise arguments against evidence relied upon by us, and confront and
cross-examine all witnesses on whose testimony or information we rely.
Hearings conducted by the hearing officer or panel shall be informal, and any
oral or documentary evidence, as limited, however, to the facts and issues
raised by the grievance and answer, may be received by the hearing officer or
panel without regard to whether that evidence would be admissible under the
rules of evidence employed in judicial proceedings.
h. Failure to appear at hearing. If either you or we fail to appear at a
hearing, the hearing officer or panel may postpone the hearing for up to five
days, or make a determination that the absent party has waived its right to a
hearing.
8. DECISIONS OF THE HEARING OFFICER OR HEARING PANEL.
a. Binding effect. The decision of the hearing officer shall be based solely and
exclusively upon facts presented at the hearing and upon applicable law and our
and RHCP and Section 42/LIHTC regulations and policies. To the extent that the
decision is not inconsistent with applicable law and RHCP or Section 42/LIHTC
regulations and requirements promulgated thereunder, and the extent provided in
Section 9. below, the decision of the hearing officer or panel shall be binding.
b. Proposed decision. Both you and we may agree to prepare a proposed
decision to the hearing officer or panel. If both agree to do so, each of us
shall submit same to the officer or panel for consideration.
c. Written decision. The hearing officer or panel shall prepare a written
decision, including a statement of findings and conclusions, as well as the
reasons or basis of them, upon all material issues raised by you or us. This
shall be done within a reasonable time after the date of the hearing, not to
exceed five days. Copies thereof shall be mailed or delivered to parties and/or
their representatives, and RHCP. Also, we will place a copy of the written
decision of the hearing officer or panel, together with all documents related to
the grievance, in your file.
d. Costs. If the hearing officer or panel renders a decision in our favor and
further specifically finds that the grievance was totally without basis and
filed for the purpose of harassment or based on the same or similar facts as a
grievance previously filed by you or a member of your household or on your or
their behalf, the hearing officer or panel may, at its discretion, assess the
cost and expenses of the hearing to you.
9. ENFORCEMENT OF HEARING OFFICERS' OR HEARING PANEL'S DECISION.
a. Compliance with decision. If the decision is in you favor, we shall promptly
take all actions necessary to carry out such decision or refrain from any action
prohibited by such decision unless we determine and notify you in writing within
thirty days that the hearing officer or panel has acted contrary to federal,
state or local law, or RHCP or Section 42/LIHTC regulations or requirements. In
such event, the hearing officer's or panel's decision may be judicially
reviewed.
b. Failure to comply with decision. Should any of the parties to a decision
fail to voluntarily comply with the provisions of a decision of the hearing
officer or panel, the aggrieved party may take appropriate legal action to
enforce compliance.
c. Enforcement of an eviction action. If you request a hearing on a proposed
eviction and the hearing officer or panel in its decision upholds our proposal
to evict, we cannot start our action to regain possession until the expiration
of the time period that was contained in our original notice to you.
10. RIGHT TO GO TO COURT.
This grievance and appeal procedure has been established to provide all parties
with a nonjudicial means of resolving problems and disputes. Neither use of or
participation in any of the procedures included herein, no a decision by the
hearing officer or panel, which is in favor of us and/or denies you your
requested relief in whole or in part, shall constitute a waiver of, nor affect
in any manner, whatever rights you or we may have to any judicial proceedings
which may thereafter be brought in the matter. In such proceedings, we shall, by
stipulation or other appropriate means, be limited to invoking against you the
grounds we originally relied on in our proposed disposition of the grievance.
