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Definitions

The following definitions of terms shall be applicable to this grievance procedure:

1. Grievance: Any dispute which a resident may have with respect to an action or a failure to act by the PHA in accordance with the individual resident's lease or PHA regulations, which adversely affects the individual resident's rights, duties, welfare or status.

2. CFR: The Code of Federal Regulations, which contains the federal regulations governing this grievance procedure.

3. Complainant: Any resident (as defined in this section below) whose grievance is presented to the PHA or at the project management office in accordance with the requirements set forth in this procedure.

4. Drug-related criminal activity: The illegal manufacture, sale, distribution, use, or possession with intent to manufacture, sell, distribute, or use a controlled substance, as defined in section 102 of the Controlled Substances Act (21 U.S.C. sec. 802) as from time to time amended.

5. ''Authority": Lenoir Housing Authority, a body corporate organized and existing under the laws of the State of North Carolina.

6. Elements of Due Process: The following procedural safeguards are required to be followed in an eviction action or a termination of tenancy in a state or local court:

  1. Adequate notice to the resident of the grounds for terminating the tenancy and for eviction;
  2. Right of the resident to be represented by counsel;
  3. Opportunity for the resident to refute the evidence presented by the PHA, including the right to confront and cross-examine witnesses  and to present any affirmative legal or equitable defense which the resident may have; and
  4. A decision on the merits.

7. Expedited Grievance: The procedure established by the PHA for any grievance concerning a termination of tenancy or eviction that involves:

  1. Any criminal activity that threatens the health, safety, and right to peaceful enjoyment of the PHA's public housing premises by other residents or employees of the PHA; or
  2. Any drug-related or violent criminal activity on or off PHA premises.

8. Hearing Officer or Hearing Panel: An impartial person or persons selected by the PHA, other than the person who made or approved the decision under review, or a subordinate of that person. Such individual or individuals do not need legal training.

9. HUD: The United States Department of Housing and Urban Development.

10. Notice: As used herein, the term notice shall, unless otherwise specifically provided, mean written notice.

11. The "Regulations": The HUD regulations contained in subpart B of 24 CFR sec. 966.

12. Resident organization: An organization of residents, which includes any resident management corporation.

13. Resident: The adult person (or persons) other than a live-in aid:

  1. Who resides in the unit and who executed the lease with the PHA as lessee of the dwelling unit, or, if no such persons reside in the unit;
  2. The person who resides in the unit, and who is the remaining head of the household of the resident family residing in the dwelling unit.

14. Business Days: Monday through Friday of each week, except for legal holidays recognized by the federal government and/or local city government.