In re Bailey

(Galveston Hous. Auth. Filed Feb. 3, 1997) ; Clearinghouse Number: 51554

Description

Public Housing Tenant Challenges Galveston Housing Authority’s Late Charge and Trash Fine Policies

Abstract

Petitioner public housing resident has filed a class action petition for redress of grievances with the Galveston Housing Authority (GHA), complaining about GHA’s policies concerning late charges, trash fines, and the procedures and operation of the GHA grievance system. Petitioner alleges that under GHA’s late charge policy, tenants are charged $25 on the sixth day after the rent was due with an additional $5 per day until the rent is paid. Petitioner claims that the intent of the late charge is to penalize tenants in order to get them to pay their rent on time, not to justly compensate GHA for loss or damage, and as such it is an illegal penalty under state law. Petitioner also alleges that, under GHA’s trash fine policy, after a 3:00 p.m. project-wide inspection, residents in violation of the project’s trash policy are to be given a written warning and allowed until 9:00 a.m. the following morning to remove the trash or be fined $10. Despite the policy, petitioner alleges that she was given one hour to cure an alleged trash violation and subsequently fined $10. Finally, petitioner alleges that GHA’s grievance procedures, which she pursued successfully to challenge the imposition of late charges and a trash fine against her, fail to state in detail the approved method for selecting members of the hearing panel and take an unreasonably long period to complete. Petitioner asks GHA’s commissioners immediately to suspend enforcement of the late charge policy and to order management to obey the trash fine policy. Petitioner also asks GHA (1) to conduct a public hearing to discuss and review GHA procedures and policies; (2) to identify former residents who were evicted solely as a consequence of violating the late charge and trash fine policies and to place them at the top of the waiting list; (3) to identify all current and past residents who have been improperly charged for violating the late charge and trash fine policies and refund their money with interest, plus $100 damages; and (4) to notify all current and past residents of their opportunity to recover compensatory damages.

Additional Information

Docket Date
1997-02-03 00:00:00+00:00