Protest and Complaint Processing

Definitions

Complaint: An allegation of noncompliance with regulations

Complainant: The party, which files a complaint with the Assistant Secretary, alleging that a recipient or contractor has failed or refused to comply with the regulations.

Noncompliance with Section 3: Failure by the HSHA or contractor to comply with the requirements.

Respondent: The HSHA or contractor against which a complaint of was filed.

Cooperation in Achieving Compliance

The HSHA recognizes that the success of ensuring that Section 3 residents and Section 3 business concerns have the opportunity to apply for jobs and to bid for contracts generated by covered HUD financial assistance depends upon the cooperation and assistance of the housing authority, the contractors, and subcontractors.

All recipients shall cooperate fully and promptly with HUD in Section 3 compliance reviews, in investigations of allegations of noncompliance made, and with the distribution and collection of data and information.

The HSHA shall refrain from entering into a contract with any contractor after notification to the recipient by HUD that the contractor has been found in violation of the Section 3 regulations. The provisions of 24 CFR part 24 apply to the employment, engagement of services, awarding of contracts or funding of any contractors or subcontractors during any period of debarment, suspension, or otherwise ineligible status.

Filing and Processing Complaints

The following individuals and business concerns may, personally or through an authorized representative, file with HUD a complaint alleging noncompliance with Section 3 regulations:

• Any Section 3 resident on behalf of himself or herself, or as a representative of persons similarly situated, seeking employment, training or other economic opportunities, or by a representative who is not a Section 3 resident but who represents one or more Section 3 residents;
• Any Section 3 business concern on behalf of itself or as a representative of other Section 3 business concerns similarly situated, seeking contract opportunities generated from the expenditure of Section 3 assistance from a recipient or contractor, or by an individual representative of Section 3 business concerns.

Where to File A Complaint.

A complaint must be filed in writing or by telephone with the Assistant Secretary for Fair Housing and Equal Opportunity, Department of Housing and Urban Development, Washington, DC 20410.

Resolution of a Complaint by the HSHA

Within ten (10) days of receiving a complaint, that contains complete information, HUD shall determine whether the complainant alleges an action or omission by a recipient or the recipient's contractor that if proven qualifies as noncompliance with Section 3. If HUD determines is that there is merit to the allegation of noncompliance with Section 3, the complaint shall be sent to the HSHA for resolution.

If the HSHA believes that the complaint lacks merit, the HSHA must notify the Assistant Secretary, in writing, of this determination with supporting reasons within thirty (30) days of the date of receipt of the complaint. The determination that a complaint lacks merit is reserved to the Assistant Secretary.

If the HSHA determines that there is merit to the complaint, the HSHA will have sixty (60) days from the date of receipt of the complaint to resolve the matter with the complainant. At the expiration of the sixty (60) day period, the HSHA must notify the Assistant Secretary in writing whether a resolution of the complaint has been reached. If resolution has been reached, the notification must be signed by both the HSHA and the complainant, and must summarize the terms of the resolution reached between the two parties.

Any request for an extension of the sixty (60) day period by the recipient must be submitted in writing to the Assistant Secretary, and must include a statement explaining the need for the extension.

If the HSHA is unable to resolve the complaint within the sixty (60) day period (or more if extended by the Assistant Secretary), the complaint shall be referred to the Assistant Secretary for resolution.

Judicial relief: Nothing in this procedure precludes a Section 3 resident or Section 3 business concerning from exercising the right, which may otherwise be available, to seek redress directly through judicial procedures.