Below is the current Grievance Policy and Procedure for the Department of Housing Services and Housing Authority of Washington County. To access the form to file a complaint or grievance, click the button below. If you need assistance in completing the form, please contact us at 503-846-4794.
Housing Services Grievance Policy
This policy defines the policies and procedures related to grievances filed with the Department of Housing Services or the Housing Authority of Washington County. Grievances may be filed due to internal events (actions made by staff of the Department of Housing Services) or third-party events (actions made by other service providers who hold contracts with the Department of Housing Services). Grievances may be filed by the offended party or by representatives or advocates. Complaints may also be filed by staff.
Definitions
- Grievance
Any dispute a resident or participant may have with respect to action (or failure to act) in accordance with the individual’s lease, or local, state, or federal regulations, which adversely affects the individual’s rights, duties, welfare, or status.
- Complainant
Any resident or participant (or their representative or advocate) whose grievance is presented to the Department of Housing Services according to these procedures.
- Hearings Officer
A hearings officer is responsible for conducting fair hearings and rendering fair and reasonable decisions based on the evidence introduced. A hearings officer is typically a third-party contractor (not an employee of the Department of Housing Services) and considers the law, federal requirements, and written policies and procedures as applied to each case.
- Reasonable Accommodation Request
A reasonable accommodation is a change in rules, policies, practices, or services. The change is necessary to afford you equal opportunity to use and enjoy a dwelling.
- Reasonable Accommodation Appeal
After a participant or resident has received a denial of a reasonable accommodation request, they have the right to appeal that decision and ask for it to be reconsidered.
- Civil Rights Complaint
A civil rights complaint addresses protected class discrimination based on age, color, disability, gender identity, marital status, national origin, race, religion, sex, or sexual orientation. The Fair Housing Act (below) is a subset of the Civil Rights Act.
- Fair Housing Complaint
A fair housing complaint is a way to report illegal discrimination related to the sale, rental, emergency shelters, transitional housing, and financing of housing, based on race, color, national origin, religion, sex, family status, or disability. The US Department of Housing and Urban Development enforces the Fair Housing Act and investigates complaints through its Office of Fair Housing and Equal Opportunity.
- Americans with Disabilities Act (ADA) Compliance Complaint
The ADA is a civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private places that are open to the general public. An ADA compliance complaint is a way to report discrimination in housing based on disability.
Applicability
Grievances must be submitted within thirty (30) days of the action (or failure to act) in question.
This grievance procedure applies to all individual grievances between the Department of Housing Services/Housing Authority of Washington County and its residents or participants, excluding:
- Disputes between tenants not involving the Department of Housing Services
- Class action grievances
- Forums for initiating or negotiating policy changes between residents/participants and the Housing Authority Board of Directors or Board of County Commissioners
- So long as a Due Process Determination by the U.S. Department of Housing and Urban Development is in effect for Oregon (see Section V(E)), any grievance concerning a termination of tenancy or eviction that involves:
- Any criminal activity that threatens the health, safety, or right to peaceful enjoyment of the premises in question
- Any drug-related criminal activity on or near such premises
These types of decisions do not allow for a hearing:
- Administrative determinations by the Department of Housing/Housing Authority
- General policy issues or class grievances
- Establishment of the utility allowance schedule
- Denial of a voucher extension
- Voucher suspension
- Determination not to approve a rental unit or lease
- Non-compliance with Housing Inspection Standards (unless the result would be voucher termination)
- Household size non-compliance
- Failing to remedy an eviction notice
- Judicial eviction or lease termination
Partnering Service Providers
Program contracts and/or program standards with service providers will include requirements for an established, written policy for addressing complainant grievances, requests, and appeals. The process must be readily accessible to applicants and participants.
Partnering service providers must keep a record of all grievances received and follow the Grievance Policy requirements.
General grievances (third-party partnering service providers):
- Claimants who are filing a general grievance against a third-party partnering service provider will use that provider’s established grievance process before filing a grievance with the Department of Housing Services.
- Third-party partnering service providers must have an established, written policy for addressing complainant grievances, requests, and appeals. The process must be readily accessible to applicants and participants.
- The partnering service provider must keep a record and inform the Department of Housing Services of all grievances submitted, approved, and denied.
- The Department of Housing Services reserves the right to require modification of any policy that, in its determination, does not meet the basic principles or requirements as specified in the contract and/or program standards.
Procedure – Filing a Grievance
Please note: If the complainant is a resident or participant in a Department of Housing program, the complainant is obligated to pay their rent portion as previously specified, pending the resolution of the grievance. If the complainant has a barrier to paying their rent portion as previously specified, they may seek a hardship accommodation within their program.
- Claimant completes and submits Form to Submit a Grievance.
- Form is available on the department website in two locations: Find a Home or Get Help, and Current Tenants and Participants.
- Form will be made available in any translated language as requested. Information about how to request a translation will be included on the form.
- Department of Housing Services may provide assistance in completing the form or referrals to partnering departments or organizations that can provide assistance.
- Form can be completed and submitted electronically, by phone, or printed and submitted by mail or in person at the Department of Housing Services front desk.
- Grievance is entered into the tracking sheet, initiating the review process. The review process differs slightly depending on the category of the grievance:
- General grievance (no other category specified) –
- Grievances are reviewed by the internal review team. Each member of the review team has completed training on the process, policies, and procedures.
- Each grievance shall be reviewed within 30 calendar days.
- Reasonable accommodation appeal –
- Reasonable accommodation appeals are reviewed by the internal review team. Each member of the review team has completed training on the process, policies, and procedures.
- Each reasonable accommodation appeal shall be reviewed within 30 calendar days.
- Civil rights complaint –
- Civil rights complaints against actions of the Department of Housing Services are reviewed by the internal review team. Each member of the review team has completed training on the process, policies, and procedures.
- Each civil rights complaint shall be reviewed within 30 calendar days.
- The Department of Housing Services reserves the right to refer a civil rights complaint directly to a Hearings Officer for any reason, including complaints against a third-party service provider.
- Fair Housing complaint –
- Claimants can inform the Department of Housing Services of any Fair Housing concerns in addition to formally submitting a complaint with the U.S. Department of Housing and Urban Development (HUD) and/or the Fair Housing Council of Oregon.
- Claimants have one year after an alleged violation to file a complaint with HUD, but are encouraged to file as soon as possible.
- HUD manages issues around housing discrimination. Complaints can be filed via the complaint form.
- Residents can also call the Fair Housing Hub for more information at 206-220-5170 or 800-877-0246; or visit HUD’s Fair Housing and Equal Opportunity website.
- HUD provides assistance for persons with disabilities and limited English proficiency and prohibits retaliation against anyone who reports discrimination.
- Fair Housing Council of Oregon assists with issues of illegal housing discrimination in the State of Oregon. To file a complaint, use the Report Discrimination Form located on their website.
- Fair Housing complaints and concerns will be tracked by the Department of Housing Services (Washington County) for educational and policy development. The Department of Housing Services does not enforce or provide rulings on Fair Housing violations, but abides by Fair Housing laws in our programs and contracts.
- ADA Compliance complaint –
- ADA Complaint appeals are reviewed by the internal review team. Each member of the review team has completed training on the process, policies, and procedures.
- Each ADA complaint grievance shall be reviewed within 30 calendar days.
- General grievance (no other category specified) –
- Claimant is notified of their options for proposed remedy or hearing consideration.
- Response letter is translated to the requested language (may require up to 3 additional business days)
- Response letter may be sent by the United States Postal Service or by email
- A copy of the response letter is added to the claimant’s record in the internal tracking system
Hearings Officer
Terminations, requested appeals to remedies, and civil rights complaints against a third-party service provider will be processed through the Department of Housing Services Hearings Officer. Whenever possible, the hearings officer will be a third-party contractor (not an employee of the Department of Housing Services) who provides as-needed hearing officer services.
- The hearings officer will contact the complainant to schedule a hearing within 30 days after notification of the need for a hearing. The hearings officer or the department staff will coordinate directly with the complainant.
- The hearings packet (including all information provided by the Department of Housing Services and the complainant) will be shared with both the hearings officer and the complainant. If the complainant has additional information, it should be shared with both the hearings officer and the Department of Housing Services.
- Prior to the hearing, the hearings officer will review the documents provided by the Department of Housing and the complainant. During the hearing, both parties will have an opportunity to state their case and answer questions.
- The hearings officer will take detailed notes or maintain a recording of the hearing.
- The hearings officer will review laws, federal and local requirements, and established policies and procedures of the Department of Housing Services and/or third-party service providers, as relevant to each case.
- The hearings officer will render a formal written decision of findings and submit the written decision to the complainant and the Department of Housing Services within 10 business days of the hearing.
- Interpreter and translation will be provided as requested.
- Hearings may be waived or rescheduled upon agreement of both parties. If the complainant does not appear for the hearing without providing notice, the Department of Housing Services reserves the right to issue a proposed remedy or deny additional hearings.
Review & Audit
The Department will regularly review all grievances submitted, approved, and denied, to audit for discrepancies or create additional guidance, as well as grievances of providers who hold contracts with the Department of Housing Services.
The Fair Housing Act (42 U.S.C. 3601 et seq.) and state law (Oregon Revised Statute 659A.421) outline Fair Housing protections.