3.2.5 Grievances

An applicant or tenant who wants to contest an adverse action must make a written request for a meeting within 10 calendar days. If the grievance is not resolved to the tenant’s satisfaction, the borrower has 10 calendar days to prepare a written summary of the meeting including the borrower’s position, the tenant’s position, and results of the meeting.1

The tenant then has 10 days calendar days from receipt of this summary to request a hearing from the owner. A hearing panel is then selected, and a hearing is scheduled within 15 calendar days after receipt of the tenant’s request. A tenant has a right to examine and copy records and regulations.2  At the hearing, the tenant has the right to be represented by a lawyer or another representative, to present written and oral evidence, to present witnesses or refute and cross-examine witnesses, and to a decision based solely upon the facts presented at the hearing.3  A written decision from the formal hearing must be prepared within 10 calendar days. The decision must be sent to the RHS for review to ensure compliance with USDA regulations. Upon receipt of the decision, the owner and the tenant must take the actions (or refrain from taking the actions) specified in the decision.4

There are some exceptions to the grievance and appeals procedure, including RHS-authorized rent or rule changes, discrimination complaints, disputes between tenants, and some evictions.5

• 124 C.F.R. § 3560.160(f).
• 224 C.F.R. § 3560.160(g).
• 324 C.F.R. § 3560.160(h).
• 424 C.F.R. § 3560.160(i).
• 57 C.F.R. § 3560.160(b)(2).