On June 13, 2014, HUD issued a memorandum amending Notice H 2012-21, Implementation of Tenant Participation Requirements.
Section F of the Notice was amended, and clarifies what information must be included in written complaints from tenants.
The Notice states that a tenant or tenant organization may file a written complaint with the local HUD office, with copies to the owner/management agent, alleging a consistent pattern of violations of HUD program requirements. A tenant or tenant organization may file a written complaint citing a single violation if there are conditions that cause serious injury to tenants or the public.
Written complaints must include factual evidence in support of the complaint. Examples of such evidence include:
i. Signed statements from tenants who have observed violations of HUD rules or regulations;
ii. Documents from owners expressing opposition to tenant organizing activities;
iii. Documents denying the use of facilities for purposes of organizing an association or holding meetings; or
iv. Any other form of documentation may be considered when providing evidence supporting the complaint.
Once HUD receives a tenant complaint, HUD is required to attempt to bring the parties together to try to conciliate the issue. However, conciliation is completely voluntary on the part of both parties.
If HUD finds no reasonable cause to believe a violation has occurred, the case will be closed. The case will also be closed if the parties sign a conciliation agreement, but may be re-opened if either party breaches the agreement.
If HUD decides to pursue action against the owner, a Notice of Violation will be sent to the project owner who will have 30-days to respond. If the owner does not respond, or if HUD finds that a violation occurred, the Owner will be flagged for further action.
This Notice should serve as a reminder to owners of your responsibilities relative to tenant organizations in HUD projects; basically, you can do nothing to interfere with their activities, including refusing to permit them to use community space for their meetings.