Comment on the Modification of NYCHA’s Grievance Procedures
NYCHA plans to modify its Grievance Procedures, NYCHA 040.302 (Rev. 1/25/22), to remove the Civil Service requirement for Hearing Officers presiding over grievances (including rent calculation grievances, remaining family member grievances, reasonable accommodation grievances, and other disputes initiated by tenants). This change will allow NYCHA to schedule and determine grievances more quickly and efficiently. The change will not impact termination of tenancy proceedings.
NYCHA also plans to add language to the Grievance Procedures to reflect the existing practice of allowing grievants and tenants subject to termination of tenancy charges to request remote hearings.
NYCHA is correcting language to clarify that “Subdivision B” of the Procedures relates to termination of tenancy proceedings, not holdover eviction proceedings. NYCHA is also correcting factual and formatting errors in the Grievance Procedures.
You have the opportunity to submit written comments about these proposed changes. NYCHA will then review and consider all feedback before finalizing the changes to the Grievance Procedures. All comments must be emailed or postmarked no later than September 30, 2025.
You can email comments to public.comments@nycha.nyc.gov. Comments may also be mailed to: NYCHA Public Comments, P.O. Box 3422, New York, NY 10008
The changes are as follows:
- The reference to “holdover eviction” proceedings in paragraph 3 shall be corrected to refer to “Termination of Tenancy proceedings” and shall state: “This subdivision shall be applicable to all grievances EXCEPT those involving Termination of Tenancy proceedings based upon Nondesirability, Breach of Rules and Regulations, Chronic Breach of Rules and Regulations, Chronic Delinquency in the Payment of Rent, Non-verifiable Income, Assignment or Transfer of Possession, and Misrepresentation, which proceedings are governed by the procedures contained in ’Subdivision B’ herein.”
- Paragraph 7, describing requirements for selection of Hearing Officers, and the definition of “Hearing Officer” in Paragraph 2(c) that incorporates Paragraph 7, shall be removed. The language in Paragraph 7 stating: “The Hearing Officers shall be impartial disinterested attorneys admitted to practice before the Courts of New York State” shall be moved to the section entitled “Procedure Governing the Hearing.” The following language in Paragraph 7 shall be removed: “[Hearing Officers shall be] appointed in a Civil Service title approved by the New York City Civil Service Commission. Until such title is so approved, the Hearing Officer shall continue to be appointed in accordance with the existing procedure for the appointment of Hearing Officers (Tenancy).”
- New language shall be added to the section of the Grievance Procedures entitled “Procedure Governing the Hearing,” and to Paragraph 9 of Subpart B, the Termination of Tenancy Procedures, as follows: “Remote Hearings. The hearing may be conducted remotely or in person at the tenant’s option, provided that adequate arrangements can be made to conduct the remote hearing in compliance with due process requirements, including, where appropriate, the provision of language assistance or the granting of a reasonable accommodation. Tenant will be provided with a copy of the remote hearing procedures and instructions for proceeding remotely, including the use of video call and the presentation of witnesses and evidence. If the tenant does not select an option, NYCHA will conduct the hearing in person. All other procedures governing hearings under the Procedures remain the same for hearings conducted remotely.”
- Formatting issues and typographical errors will be corrected in the paragraphs of the Grievance Procedures entitled “Procedure Governing the Hearing” and “Decision of the Hearing Officer,” as well as the paragraph entitled “The Tenancy Administrator” in Subpart B, the Termination of Tenancy Procedures.