Box 3, Folder 3, Document 5

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Sec. 1. The local agency shall use application forms
which provide-only such information as is pertinent to
/the size of the household unit, the income of that
\household unit and the need of that unit for public

2 housing. Questions concerning the legal standing of
the marital status of members of the family, the
legitimacy of the children in the family, the police
record of members of the family and other such infor-
mation, including race or religion are specially pro-
hibited from appearing on the application form,
Any other criteria beside income and family size which
is utilized in determing eligibility by the housing
authority must be submitted to the Department of Housing
and Urban Development for approval,

Sec. 2, Once the application form has been completed,
the applicant must be given a number which indicates

his chronological place on the waiting list for the size
apartment necessary for his family unless on the face of
the application the family is by the published standards
ineligible because of excess income or on the face of

the application there is shown no demonstrable need for
public housing (i.e., that the family lives in decent
housing and pays a rent it can afford), For this initial
determination, all statements made on the application are
deemed to be true,

Sec. 3. For the purpose of determining initial eligi-
bility or ineligibility, all statements made on the
application are presumed to be true, If the Local
authority believes that some or all of the statements
are untrue, the authority may conduct an investigation
after the initial determination ot eligibility has been

aie '
made and the person given his chronological place
on the waiting list, It is the sole responsibility
of the housing authority to collect all information
available in public records, The applicant may autho-
rize the authority to collect relevant data not avail-
able in public records from persons other than the
applicant, No negative inference shall be drawn from
the failure of individuals other than the applicant
himself to cooperate with the housing authority,

(a) If the local authority determines that
despite the statement given on the application
form-the person or family are ineligible for —
public housing because of excess income or no
need, the family must be notified in writing
within 30 days following the date of the
application of their ineligibility and the
detailed reasons for it. If the household
unit is held to be ineligible and wishes to
challenge this determination, a hearing shall
be afforded, This hearing shall comply with
the provisions of Part IITI,, However, during
the time that such procedures are being
utilized and until a decision upon the hearing,
the person shall continue to be listed as
eligible and shall remain on the waiting list
in the chronological order based on the original
number given to the family.

Any applicant not notified that he is ineligible
within 30 days after the date of the applica-
tion is deemed to be eligible and thereafter

the housing authority may not challenge his
eligibility unless there is a substantial

change in the income of the family or the
composition of the household unit as it relates
to income, or the housing authority can demon-
strate there is no longer a need for public
housing (i.e., the applicant has moved to

decent housing at a rent he can afford) or

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the authority can demonstrate fraud on the
part of the applicant in providing cligibility

Sec. 4. Applicants shall be processed in strict
chronological order and no priority shall be given
except for:

(a) persons who are forced to relocate as a
result of a comprehensive urban renewal
program which includes demolition of -the
premises in which the persons reside or in
the event that they are forced to relocate
as a result of the Public Housing Authority
having acquired the premises in which they
reside and said premises are to be demolished
so that public housing projects can be built
on that site;

(b) persons who demonstrate urgency of need
(i.e., elderly individuals, large families,
those who are destitute),

Sec, 5. The local agency must make available for
inspection at reasonable times and places the rent
schedule in effect at all projects administered by
that agency, and the number qf apartments available
in each project broken down by the size of apartment,
The local authority must also make available for
inspection the general schedule of maximum income
based on family size which will permit persons to be
eligible for admission to its projects, The authority
must also make available for public inspection the
waiting list of applicants,

Sec. 6. When an applicant has been notified that he
is eligible and that an apartment is available, he
may challenge the housing authority's determination
of rent through hearing proceedings outlined in

Part III. No lease shall extend for a period of less
than 1 year duration,



Sec, 1. The lease shall be written in clear concise
language able to be understood by laymen of average intelli-
gence, Where required, the lease shall be written in the
applicants native language if said applicant does not speak

Sec. 2, The signed lease does not in any way derogate the
rights of the tenant and the authority as declared and
guaranteed by the United States Constitution, federal and
state statutes, decisional law and regulations promulgated
by the Department of Housing and Urban Development,

Sec. 3. No lease, regulation or other written or oral
agreement shall permit the termination of a tenancy on
grounds other than the following:

(a) chronic non-payment of rent after efforts have
been made to develop a schedule of rent payments
throughout the rent period which the tenant
could meet;

commission of active waste (physical destruction)
of the leased premises by tenant;

tenant in over-income as determined by the Housing
Authority except where eviction would work extreme
hardship on the family unit;

substantial interference with other tenants in
such a manner as to materially diminish their
enjoyment of the premises; substantial interference
must relate to actual conduct of the tenant and
not to such matters as are specifically prohibited
from appearing on the applications of prospective
tenants by Section 7 of Part I of this Bill of
Rights; issues arising from a proposed tenancy
shall be submitted to the Hearing Panel and no
eviction shall apply except to the individual
offender unless he is the head of the family unit
and no other responsible individual is a member

of the family unit,

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(ec) failure of resident to provide the Housing
Authority with income statement within 60 days
from date of request.

Sec. 4. No local housing authority shall interfere directly
or indirectly with the right of its tenants to free speech,
_to organize or to seek redress of grievances. No tenant
shall be evicted or otherwise penalized for engaging in
such activity.

Sec. 5. No local housing authority shall interfere with
the right of its tenants to quiet enjoyment of the premises
they rented nor shall the authority infringe upon its
tenants' right to privacy. The authority shall not enter
the premises rented by a tenant without the tenant's
express permission except for an annual inspection or in
an emergency,

Sec. 6. Rent is defined as that sum of money expressly
provided for in the lease between the tenant and the hous-
ing authority as consideration for housing provided to the
‘tenant, No local housing authority shall levy any fines,
fees, or other financial sanctions upon tenants, The cost

of repairs shall be charged to a tenant only if the Hearing
Panel determines it was caused by the tenant's own malicious
or reckless act and such cost of repairs shall be collectible
only by a separate civil action,

Sec. 7. Tenants shall be chargeable for repairs only when
management can affirmatively establish fault on the part of
the tenant, The tenant shall not be responsible for
ordinary wear and tear, or for negligence (except gross
negligence). Any determination of fault shall be subject
to review by the Hearing Panel,

Sec, 8, Where repairs are deemed necessary, a tenant or
tenant organization shall have the right to submit a
written or oral complaint to the local housing authority,
Gf tue coumpiaini is oral, the responsible official of the
authority shall reduce that complaint to writing on an
appropriate form, If the needed repairs are not of an
immediate nature or do not create an emergency situation,


the authority shall have 30 days in which to consider the
complaint and take appropriate action. If no action is
taken by the authority within that time, the complaint
shall automatically be considered by the Hearing Panel.

If the repairs are needed immediately, the authority must
act within 48 hours, If the authority fails to act, the
.tenant may contract privately to have repairs made which
will eliminate the emergency conditions (i.e., those
necessary to eliminate dangers to health and safety).

The tenant's action shall be reviewed by the Hearing Panel,

Sec. 9. If the Hearing Panel determines that the complaint
is valid, the tenant shall have the option of withholding
rent to the extent of rent-impairment determined by the
Panel, or to make repairs at his own expense and reduce the
rent pro tanto, The Hearing Panel shall have the additional
authority to invite local housing inspection unit to inspect
subject premises in order to determine existence of housing
violation or violations and the housing authority shall
waive any immunity it may otherwise possess with respect to
the action of such inspection unit.

Sec, 10.: Overall responsibility for rodent control and
maintenance of hallways, staircases and other common areas
of the Project shall rest in the Authority, It shall bear
all expenses for materials and labor and shall replace
tenants' garbage receptacles in need of same, Where regular
garbage collection is insufficient to control infestation,
additional collections shall be made at the expense of the

Sec. ll. The graded rent system, whereby a tenant is
charged a rental which accords with his income, shall be
applied uniformly.

Sec, 12. Rent shall be redetermined no more often than
once a year, preferably once every 2 years, with the
exception of "hardship rent,"" Where, during the course of
a tenancy, a tenant undergoes a serious reduction in income
and thereby qualifies for the hardship rent, rent shall be

modified downward immediately. Such hardship rent shall
then continue until the next annual or biannual redetermina-
tion, with the obligation upon the tenant to report any
restoration of original income level during this period,

Sec. 13. In any redetermination of income, temporary
income shall not -be projected on an annual basis, unless
tenant's prior work history clearly indicates a pattern of
maintaining temporary jobs on a continuous basis,

Sec. 14. Only a substantial "increase or decrease!’ in
family income shall bring redetermination procedures into
operation (and require reporting by tenant). Such amount
shall be no less than $400, computed on an annual basis,
or other basis if work is temporary, This same principle
is to be followed in the case of decrease,

Sec, 15. Decreases in rent shall be retroactive to the
beginning of the rent determination period, Increases in
rent shall not be retroactive except in cases where the
Authority can prove beyond a reasonable doubt that the
tenant willfully concealed information, Such a determina-
tion shall be made by the Hearing Panel,

Sec, 16. Any disputes regarding redetermination shall be
submitted to the Hearing Panel or other arbitration body,
The "reduced rent" concept, by which the tenant agrees in

advance to be bound by any increases (up to maximum rent),
shall be eliminated,

Fy re OY



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Sec, 1. The local agency shall adopt and promulgate
regulations establishing policies for occupancy or continued
occupancy which shall give full consideration to the right
of tenants or applicants rejected for tenancy in low-rent
housing projects to due process of law. Said regulations,
which shall be incorporated in all leases executed by
tenants at or before the commencement of occupancy and shall

' be posted on all bulletin boards accessible to the tenants

or to the public within the project, shall provide at least
the minimum protections hereinafter set forth.

Sec, 2. Notices

(a) Every notice of eviction or other sanction against
tenants or refusal to take action on the complaints
of tenants or of rejection of applications shall
be typewritten, signed by an official of the agency
and mailed in a postage prepaid envelope addressed
to the tenant's apartment of residence in the
project, or, in the case of applicants, the address
furnished with the application by registered mail,
return receipt requested,

(b) The notice shall advise the tenant, or applicant
of the time and place of a hearing on the grounds
for the action taken, to be held on a date no
less than 10-days after receipt by the tenant or
applicant of the notice, and, if feasible, during
the evening hours, The notice shall further
advise the tenant or applicant in clear and precise
language of the specific grounds for the action
taken, Where the local agency has reason to
believe that the tenant or applicant is Spanish
speaking, the notice and all of its contents shall
be in Spanish as well as English.

(c) The notice shall further advise the tenant of;
his right to be represented by legal counsel
(including the address of the local legal services,
legal aid, or other office where such assistance
can be obtained) or any other person of his


choosing at the hearing; his right to examine
all the written evidence to be used by the local
agency against him (at the hearing) prior to and
during the hearing, or at any reasonable time
after the hearing; his right to other discovery
as hereinafter set forth; his right to cross-
examine hostile witnesses and to bring his own
witnesses; his right to demand that the local
agency produce at the hearing any employee whose
testimony is alleged relevant, A copy of the
rules governing the conduct of hearings shall be
attached to the Notice,

(d) Every such notice of hearing shall issue within 5
days of a final decision by the agency on the
application, eviction or complaint, which final
decision in the case of applications and complaints
shall be made within 10 days after presentation
by the applicant or tenant of the application or
complaint, In the event the agency fails to comply
with the provisions herein, the tenant or applicant
may request a hearing unilaterally in a letter to
‘the hearing panel stating the circumstances of the
request and, unless the request is frivolous on
its face, the panel shall itself schedule a hearing
to be held,

Sec. 3. Answer to the Notice

The tenant or applicant shall acknowledge in writing, or in
person, receipt of the notice and his willingness to
participate in a hearing on the scheduled date, within 5
days of receipt of the notice, If the tenant or applicant
does not so acknowledge, and no reasonable excuse is shown,
the hearing shall be canceled and the matter terminated,
The agency shall give consideration to reasonable requests
for postponements of hearing dates,

Sec. 4, Place of Hearings

Hearings under this paragraph shall be conducted, to the
extent feasible, in a well-lighted, confortable room in
the project containing ample space and chairs for the.
parties and for other interested persons,

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Sec. 5. Hearing Officers

a) Hearings shall be conducted before a panel
of three officers; one officer to be designated by the agency,
who shall not be an employee of the agency; one officer to
be designated by. the tenants of the project, and one officer,
to represent the public, to be designated by agreement of
the other officers,

b) The representative of the tenants onthe
hearing panel shall be elected by majority vote of the
tenants at a meeting initially called for that purpose with-
in the project on at least ten days notice, published on all
bulletin boards, by officers of the tenants’ association.

c) All officers’shall act in their respective
capacities for one year terms to conclude on the same date
each year, After the initial designation of the tenants'
representative, subsequent elections shall be held on a date
exactly one year after the original election unless otherwise
agreed to by majority vote of the tenants, In the event of
resignation or disability to serve, the successor representatives
shall be designated within five days of the effective date of
said resignation or disability, to serve as officers for the
balance of the respective one year terms, An interim tenants'
representative shall be elected in the manner prescribed in
subparagraph (b).

d) All officers shall be compensated out of the
agency's funds at the rate of twenty-five dollars for each
day of hearing service, or substantial portion thereof,

e) The hearing officers shall mutually designate
and retain at the commencement of the initial term of service
and as often thereafter as necessary, the services of an
attorney whose duties shall include attendance at all hearings
for the purpose of furnishing legal advice and guidance to the
presiding officer and other officers of the panel, and the
preparation of the panel's decision in each case, and who
shall be compensated for his services out of agency funds at
the rate of fifteen dollars for each hour of legal service
rendered, é a

= 1t

f) The members of the panel shall serve in
rotation as presiding officer at each complete hearing..
The other officers may participate in the examination of
witnesses or in discussions with the parties or counsel but
only the presiding officer, with the assistance of counsel
to the panel, may make rulings during the course of the
“hearing .

g) The panel, at its discretion, may elect to
‘hear several cases, separately, at one hearing session and
will so advise the agency officials responsible for issuance
of notices of hearing.

Sec. 6 Jurisdiction of the Hearing Panel

a) The panel shall have jurisdiction to decide
issues relating to rejections of applications for admission
to the projects, evictions, or other sanctions sought to be
imposed by the agency on tenants, rent determinations, and
complaints by tenants against management personnel but not
against other tenants (unless such complaints against other
tenants are considered as part of an eviction action under
Section I (d) of Part II of this Bill of Rights).

b) The panel shall determine whether the action
taken by management conflicts with the Housing Act, and the
regulations of the Public Housing Administration and the local
agency. If the panel determines that a conflict exists, it
~ shall dismiss the notice of eviction, order the application

reinstated or order any other necessary and appropriate relief,

In the event that the matter of issue does not conflict with
a specific provision of the statute or the regulations, the
panel shall decide the case, in an equitable manner, with
the object of effectuating the humane intent and purposes of
the Housing Act.

Sec. 7 Conduct of Hearing

a) Rights of Parties, In any hearing held pursuant
to this Section, any party shall have the right to appear,to
be represented by counsel or other person of his choosing; to
call, examine, and cross-examine witnesses; to introduce into
the record documentary or other evidence; and to present an
opening statement and closing argument,


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(1) Cross-Examination; Exclusion of
Certain Evidence, In any hearing the

* tenant or applicant shall have the right to confront and

cross-examine all witnesses who testify or furnish or have
furnished evidence adverse to the applicant or tenant;
including persons who have furnished information contained

in case records, investigation reports, affidavits, statements,
and other documents the Housing Authority wishes to introduce
into evidence at the hearing. If the Housing Authority fails

‘to produce any such person for cross-examination by the

applicant or tenant, no evidence, oral, written, or otherwise,
attributable to such person may be admitted in evidence except
at the request of the applicant or tenant, provided however
that nothing herein shall preclude the admission of evidence
otherwise admissible under judicially recognized exceptions

to the hearsay rule,

(2) Discovery. At least seven (7) days prior
to the date set for the hearing the applicant or tenant shall
receive upon request: a list of all witnesses who are to testify
on behalf of the Housing Authority; copies of all statements
of such witnesses in possession of the Housing Authority which
have been reduced to writing and signed or otherwise approved
or adopted by the witness; copies of all written or other
evidence which the Housing Authority intends to read from or .
introduce into evidence at the hearing; copies of all statutes,
rules, regulations, and policies»to which the Housing Authority
intends to rely, at the hearing and otherwise in support of its
actions, Any witness not disclosed, or document not furnished
in accordance with this sub-section may not testify, or be
introduced in evidence, at the hearing.

b) Rules of Evidence, Every party shall have the
right to present his case or defense by oral or documentary
evidence, to submit rebuttal evidence, and to conduct such
cross-examination as may be required for a full and true
disclosure of the facts, Subject to the provisions of sub-
section (a) of this Section, any oral or dacumentary evidence
shall be received except that which is clearly irrelevant,
immaterial, or unduly repetitious,

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_ c) Burden of Proof, In any hearing involving
an eviction, denial of application, or rent determination
the burden of proof shall be on the Housing Authority to
support its position by a fair preponderance of the evidence,
In a hearing involving any other issue the same burden of proof
shall be on the party requesting the hearing. The party having
the burden of proof shall present its case first,

d) Transcript. In any hearing held pursuant to
this Section a verbatim record of the proceedings shall be
kept, either by a stenographer or by an electronié device.
When this record shall have been transcribed, copies shall
be furnished to the parties. A copy of the transcript shall
be furnished to the qplicant or tenant free of charge upon

e) Briefs. At the conclusion of any hearing, both
parties shall be advised of their right to submit briefs in
support of their respective positions, The applicant or
tenant shall be granted a minimum of two (2) weeks after
receipt of the transcript of the hearing in which to file his
brief, The Housing Authority shall be granted a minimum of
one (1) week after receipt of the brief of the applicant or
tenant in which to file a reply brief. A bricf is "filed"
within the meaning of this sub-section when a copy has been
filed with the hearing panel and a copy has been served on the
adverse party or his counsel, ,

f) Decision, No final decision shall be rendered
by the hearing board until each member of the board has had
an opportunity to review the transcript of the hearing and to
read the briefs of the parties, The board shall only consider
evidence contained in the record of the hearing, to wit,
the transcript, exhibits admitted into evidence, and the
briefs of the parties, Decisions shall be by a majority of
the hearing panel and shall be binding upon the parties,
subject to the right of judicial review provided in Section 8,

(2) The decision shall be in writing and shall
set forth in detail the findings of fact and conclusions of law
upon which the decision is based, The hearing panel is required
in its decision to consider and dispose of all issues and

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contentions raised by the parties, Each finding of

fact and conclusion of law in the decision must be
supported by and in accordance with a preponderance of the
reliable and relevant evidence in the hearing record.

(3) A decision shall be rendered within two
(2) weeks after receipt by the panel of the case record
and briefs of the parties. Copies of the decision shall
be served upon all parties and their respective counsel,

Sec. 8 Judicial Review -

a) The housing authority and the tenant or
applicant, if aggrieved by the decision of the hearing panel,
shall have the right to seek such judicial review as is pro-
vided by the laws of the jurisdiction in which the hearing
was held, The decision of the reviewing court shall be
binding on the panel and the parties unless reversed on appeal,

b) The filing of the complaint or petition for
review shall not stay enforcement of the decision of the
hearing panel, but the hearing panel may order such a stay
in the interests of justice, except that the filing of such
a complaint or petition shall operate to stay an eviction
pending the exhaustion of judicial remedies by the tenant,

c) Within ten (10) days after service of the
complaint or petition, or within such further time as the
court may allow, the hearing panel shall transmit to the
reviewing court a copy of the entire record of the proceeding
under review,

d) Nothing in this section shall be deemed in any
way to foreclose or diminish the right to other means of
judicial review, redress, relief, or trial de novo provided
by law.

Sec. 9. Hearing Optiom1

a) Notwithstanding any other provision contained
in this Bill of Rights, the hearing procedure provided herein
shall be deemed to be optional with the tenant or applicant,
The tenant or applicant shall have the right to refuse a hearing

IS =

before the hearing panel and to seek in the first instance
such relief as is available from the courts of the juris-
diction in which the housing authority is located.

b) The hearing procedure provided herein shall
be deemed to be mandatory on the housing authority, The
authority must utilize the hearing procedure in the first

instance and may only seek judicial review of decisions of
the hearing panel,

July 5, 1967

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