WALKER RIVER HOUSING DEPARTMENT

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GRIEVANCE POLICY

The Grievance Policy for the Walker River Paiute Housing Department was developed by the

Director and Staff, and reviewed by the Housing Department’s attorney. It was subsequently

adopted by the Walker River Paiute Tribal Council by Resolution #WR-38-2016 and goes into

effect on April 25, 2016.

This policy supersedes and replaces all prior Walker River Paiute Tribe Housing Department

Grievance Policies and Procedures.

INTRODUCTION

Purpose

The purpose of this Policy is to provide procedures that establish a process to resolve

tenant and homebuyer grievances. Through these procedures the Walker River

Housing Department (“WRHD”) shall afford all tenants and homebuyers (hereinafter

“Participant”) a fair and reasonable opportunity to have their grievances heard and

considered by WRHD. WRHD shall provide fair and unbiased treatment of disputes

and grievances of housing program participants who have legitimate complaints about

any programs that are administered by WRHD. This policy provides notice and

hearing procedures to ensure that the WRHD affords due process to complainants.

Right to Grievance Upon Request

Participants in the Walker River Housing Department Mutual Help, Lease to

Purchase and Low Rent Housing programs are entitled to present grievances

according to the following procedures. A grievance can arise out of adverse action

by the WRHD against the participant, or by the WRHD's failure to act.

Exclusions and Limitations

Policy Disputes

Certain disputes and grievances shall not be addressed under this Policy.

These include policy changes that housing program participants may prefer

or desire, but which are not required by applicable law or by agreements

between participants and WRHD. The grievance procedures outlined in this

Policy are not designed for disputes concerning entities other than the

WRHD, class grievances, or policy disputes, or negotiations between a

group or groups of residents and the WRHD. Further, the grievance

Approved by WRPT Council on April 25, 2016

(WR-38-2016)

procedures outlined in this Policy shall not be used to challenge WRHD

policies, HUD program requirements or regulations, or the WRHD's

authority to design and promulgate such policies, requirements, and

regulations.

Health/Safety/Right to Peaceful Enjoyment Disputes

Under this Policy, housing program participants do not have grievance

rights when the WRHD takes adverse action against occupants for:

Any criminal activity that threatens the health, safety, or right to

peaceful enjoyment of the Walker River Paiute Tribe’s Housing

programs to other residents or employees of the WRHD.

Any drug related criminal activity on or near the premises. For

the purposes of this section, the term "drug related criminal

activity" shall be defined as the illegal manufacture, sale,

distribution, use or possession with the intent to manufacture, sell,

distribute or use of a controlled substance as defined in the Federal

Controlled Substances Act (21 U.S.C. 802) or applicable Tribal or

Nevada law.

Eviction and Other Policies.

Any dispute governed by a separate Housing Department policy that

provides a means for the Participant to contest the action or inaction by the

Housing Department. These include matters involving eviction actions.

Notice of Grievance Policy

A copy of the Grievance procedures outlined in this Policy shall be posted

prominently in the WRHD office, and shall be provided to any tenant, homebuyer, or

applicant, upon request.

No Waiver of Immunity

Nothing in this Policy shall be considered an express or implied waiver of the Walker

River Paiute Tribe’s or its Housing Department’s sovereign immunity.

II.

DEFINITIONS

Applicant

As used in this Policy, “applicant” refers to a rejected applicant for WRHD housing

who requests an informal meeting in accordance with Section III of this Policy.

Approved by WRPT Council on April 25, 2016

(WR-38-2016)

Grievant

As used in this Policy, “Grievant” refers to a Mutual Help Homebuyer, Lease to

Purchase Homebuyer, Low Rent tenant, or an authorized member of a Mutual Help,

Lease to Purchase or Low Rent household who initiates a grievance under this

Policy.

Grievance

As used in this Policy, “grievance” refers to a dispute over the WRHD’s action or

failure to act in accordance with its Mutual Help and Occupancy Agreement, Lease

to Purchase Agreement or Low Rent Agreement, requirements, regulations,

policies, or procedures, when such action or failure to act affects the rights, duties,

welfare or status of the Grievant or the Grievant’s household.

III.

GRIEVANCE PROCEDURE

Informal Discussion Encouraged

Participants are encouraged to communicate complaints to the WRHD informally,

as soon as complaints arise, so that disputes and misunderstandings can be resolved

efficiently and quickly. Complaints should be brought to the attention of the

Resident Services Department, either in person or in writing. If a Grievant

actively pursues informal relief with WRHD personnel, the ten (10) day period

within which the Grievant must formally raise and submit a written grievance to

the WRHD Housing Resident Services begins the day that the Grievant is informed

in writing that informal efforts have been unsuccessful.

Written Grievance

If a dispute has not been resolved informally, the Grievant shall prepare a written

statement of the grievance, and submit it to the WRHD Director. The written

grievance must describe:

the WRHD's action or failure to act that is the basis for the

grievance; and

the relief sought by the Grievant.

The grievance shall be titled "Grievance" and shall be submitted to the WRHD

Director either by mail or in person.

Timing

Ten Days of Notice

Approved by WRPT Council on April 25, 2016

(WR-38-2016)

The grievance must be received by the WRHD within ten days from receipt

of notice of the action taken by the WRHD, or if informal process is initiated

within ten days of receipt of a written notice that informal efforts have been

unsuccessful.

Service of Notice

Whenever the WRHD is required to provide notice under this policy, it shall

mail the notice by Certified Mail, Return Receipt Requested or have the

notice personally served on the Participant by a Housing Department

employee or by a Tribal Law Enforcement Officer. The notice shall be

deemed given and received on the date it is deposited in the United States

mail or delivered in person.

Formal Grievance Procedures

Housing Department Director

The first step of the formal grievance process shall be for the matter to be

heard and determined by the Housing Director. The Housing Director may

meet with the Grievant to discuss the matter. In any event, the Housing

Director shall issue a written decision on the matter within fifteen days of

the WRHD receiving the grievance, unless the parties agree upon a longer

time period.

Request for Hearing

Within seven days of receiving the Housing Director’s written decision, the

Grievant may submit a written request to the Tribal Chairman for a Formal

Grievance Hearing.

Failure to Request Hearing

A Grievant's failure to timely request a hearing will result in a waiver

of all hearing rights and the WRHD’s disposition of the grievance will

be final.

Impartiality of Hearing by the Housing Governing Board

The Housing Governing Board members must be impartial to hear a matter,

which requires that they not have a conflict of interest with the Grievant or the

issues being addressed.

Ineligible parties

Approved by WRPT Council on April 25, 2016

(WR-38-2016)

Impartiality requires that the Housing Governing Board members not be a

current employee of the WRHD.

Eligible P arties

A Housing Governing Board member may be impartial even though he or

she is compensated by the WRHD funds to hold the Formal Hearing, has

acted as a Tribal Chairman or panel member in prior grievance hearings for

the WRHD, or works for other similarly situated entities to the WRHD.

Notice of Hearing

The Tribal Chairman will schedule a hearing before the Housing Governing Board

within twenty days of receiving the request for a Grievance Hearing. A letter will

be sent to the Grievant by certified mail of the date, time and location for the

hearing. The Tribal Chairman shall make reasonable efforts to schedule the

hearing at a date, time and location that is convenient to the Grievant; however

the decision concerning the date, time and location shall be final.

Documents

Grievant Rights

Prior to the hearing, the Grievant is entitled to view and copy, at the

Grievant's expense, all documents upon which the adverse decision was

based, or which will be presented by the WRHD at the hearing (copy fees

will be .25 per page). No documents may be presented at the hearing

for which the WRHD has refused access to the Grievant. Grievant must

schedule with the WRHD Director a date and time at the WRHD offices,

1063 Hospital Road, Schurz, Nevada, 89427, to review the documents

upon which the adverse decision was based. Copies of the identified

documents will be made available within two (2) working days to the

Grievant.

Housing Department's Rights

The WRHD is entitled to review and to copy all documents the Grievant

intends to present at the hearing. The Grievant must present to the WRHD

at least three working days before the hearing the documents the Grievant

plans to present at the hearing, which the WRHD may copy. Documents

that have not been made available to the WRHD may not be presented at

the hearing.

Hearing

Attendance

Approved by WRPT Council on April 25, 2016

(WR-38-2016)

Unless good cause for absence is presented, the Grievant must attend the

hearing in person. If the Grievant does not appear at the hearing, the Tribal

Chairman or Housing Governing Board may determine that the Grievant

has waived his/her right to a hearing. The Tribal Chairman or Housing

Governing Board shall provide a notice of this decision to the WRHD and

the Grievant within ten (10) days of the scheduled hearing. The written

decision regarding the attendance requirement is final and not subject to

further consideration or review.

Representation

The Grievant may be represented at the hearing by a lawyer or person of

his or her own choice. If the Grievant intends to be represented by an

attorney, the Grievant must give the Tribal Chairman not less than five (5)

days written notice prior to the hearing of such intent.

Privacy Rights

The hearing shall be private and held in Closed Session.

Evidence

The hearing shall be conducted informally and the technical rules of evidence shall

not apply, but the Tribal Chairman and Housing Governing Board may exclude

evidence that it determines is inherently unreliable, irrelevant or unduly prejudicial.

All witnesses shall swear or affirm to tell the truth before testifying.

The Tribal Chairman or Housing Governing Board shall determine what evidence

will be admitted and how it will be presented, procedures for the hearing, and the

order of witnesses after hearing a summary of the issues to be addressed from the

WRHD representatives. The Grievant may present evidence and argument in

support of his grievance, and may object to and rebut the WRHD evidence, but may

not cross-examine witnesses presented by the WRHD. Evidence of the kind relied

upon by reasonable persons in similar evidentiary hearings is admissible, provided it

is relevant to the dispute raised in the written grievance.

Burden of Proof

Grievant Requirements

The Grievant must present evidence that, if believed, would demonstrate

a mistake by the WRHD or a violation of WRHD policies, contracts,

applicable federal, state or Tribal laws or regulations. If the Grievant

presents sufficient evidence to prove by a reasonable certainty that he or she

is entitled to the relief sought, the WRHD must then rebut the Grievant's

Approved by WRPT Council on April 25, 2016

(WR-38-2016)

showing and justify its action.

Failure to Provide Sufficient Evidence

Where the Housing Governing Board is not persuaded, more likely than not,

that either side has made a showing of reasonable certainty, the Housing

Governing Board shall decide against the party who is requesting or

proposing a change from the status quo. For example, if the Grievant seeks

repairs, but has not proved a need for repair, no repairs shall be required.

Postponement

The Housing Governing Board may postpone completion of the hearing if

necessary to gather sufficient information, such as scheduling a site visit or

inspection if the grievance involves housing conditions.

Written Decision

Basis for Decision

The Housing Governing Board shall issue a written decision based upon the

facts presented at the hearing, and upon applicable WRHD policies,

contracts, laws and regulations.

Timing

The decision shall be issued within a reasonable period of time, not to

exceed ten (10) days from the date of the hearing, and a copy of the decision

shall be mailed or delivered to the Grievant and to the WRHD.

Finality

The Housing Governing Board’s decision shall be final and not reviewable

by any other entity.

Hearing Conduct

All persons attending the hearing must conduct themselves in an orderly manner.

Disorderly conduct by any person may result in the immediate dismissal of the

hearing and/or a decision that is adverse to the disorderly party.

IV.

CONTINUATION OF TENANT AND OCCUPANCY OBLIGATIONS DURING

GRIEVANCE PROCEEDINGS

Contract Obligations

Approved by WRPT Council on April 25, 2016

(WR-38-2016)

Pending resolution of a grievance, the Grievant must comply with his or her

contractual obligations pursuant to the Mutual Help Occupancy Agreement, Lease

to Purchase Agreement or Low Rent Agreement, such as making monthly

payments, cleaning and maintaining the home and cooperating with the WRHD

staff. During grievance proceedings, the WRHD shall not be barred from

terminating the applicable agreement and seeking to evict the Grievant for new or

additional reasons not addressed in the grievance.

Disputed Amounts

Failure to pay required monthly payments, rent, the administration charge, or

disputed amounts to the WRHD during the pendency of the Grievance shall

constitute an automatic waiver of the Grievant's right to grievance proceedings and

waiver of the right to a hearing. If a grievance relates to the amount of rent or other

charges due, the Housing Department Director may suspend the payment

requirement on the Grievant's application for such suspension, but only for good

cause shown, and upon such terms as the Housing Department Director decides.

The Grievant must continue to pay any applicable monthly Administration

Charges.

Relief/Remedy

Vacant units

The WRHD is not required to keep a housing vacancy available for the

Applicant, either before or after an informal hearing request is submitted.

Applicants are therefore encouraged to submit corrective information or

complaints immediately and to keep their application information up-todate.

Walker River Housing Department E rrors

If the WRHD determines that a mistake has been made, it may correct the

error by:

Admitting the Applicant (if the opening is still available);

Placing the Applicant on the waiting list for housing;

Granting a housing preference in accordance with applicable

policies or regulations;

Revising WRHD policies or procedures; or

Other corrective action.

Approved by WRPT Council on April 25, 2016

(WR-38-2016)

Approved by WRPT Council on April 25, 2016

(WR-38-2016)

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.