24 C.F.R. § 966.51
§ 966.51 Applicability. (24 CFR Part 966)
Operative Text
(a)(1) The PHA grievance procedure shall be applicable (except as provided in paragraph (a)(2) of this section) to all individual grievances as defined in § 966.53 of this subpart between the tenant and the PHA. (2)(i) The term due process determination means a determination by HUD that law of the jurisdiction requires that the tenant must be given the opportunity for a hearing in court which provides the basic elements of due process (as defined in § 966.53(c)) before eviction from the dwelling unit. If HUD has issued a due process determination, a PHA may exclude from the PHA administrative grievance procedure under this subpart any grievance concerning a termination of tenancy or eviction that involves: (A) Any criminal activity that threatens the health, safety or right to peaceful enjoyment of the premises of other residents or employees of the PHA; (B) Any violent or drug-related criminal activity on or off such premises; or (C) Any criminal activity that resulted in felony conviction of a household member. (iii) For guidance of the public, HUD will publish in the Federal Register a notice listing the judicial eviction procedures for which HUD has issued a due process determination. HUD will make available for public inspection and copying a copy of the legal analysis on which the determinations are based. (iv) If HUD has issued a due process determination, the PHA may evict the occupants of the dwelling unit through the judicial eviction procedures which are the subject of the determination. In this case, the PHA is not required to provide the opportunity for a hearing under the PHA's administrative grievance procedure. (b) The PHA grievance procedure shall not be applicable to disputes between tenants not involving the PHA or to class grievances. The grievance procedure is not intended as a forum for initiating or negotiating policy changes between a group or groups of tenants and the PHA's Board of Commissioners.
Under 24 CFR Part 966 § 966.51, the grievance procedure that public housing authorities (PHAs) must maintain applies to individual disputes between a single tenant and the PHA — not to disputes between tenants themselves, nor to class-wide or policy grievances. However, when HUD has issued a formal 'due process determination' finding that a jurisdiction's court eviction process already provides constitutionally adequate protections, a PHA may bypass its internal administrative grievance procedure for certain serious cases, including those involving criminal activity that threatens safety, violent or drug-related criminal activity, or a household member's felony conviction. In those circumstances, the PHA may proceed directly through the courts rather than through its own administrative hearing process.
Plain English — not legal advice.
PHAs and property managers operating under 24 CFR Part 966 § 966.51 generally maintain their administrative grievance procedures as the default channel for resolving individual tenant disputes. Compliant operators track whether HUD has issued a due process determination for their jurisdiction — information published in the Federal Register — because that determination governs whether the PHA may lawfully skip the internal grievance process for evictions tied to serious criminal activity, violent or drug-related conduct, or a household member's felony conviction. Operators typically document the basis for invoking any exclusion carefully, since the scope of permissible exclusions under this section is defined by specific statutory categories.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 24 CFR Part 966 § 966.51, public housing tenants generally have the right to use their PHA's administrative grievance procedure to contest individual disputes with the PHA. That right may be limited, however, if HUD has issued a due process determination for the jurisdiction and the eviction involves specific categories of serious criminal conduct — in which case the PHA may proceed directly to a court eviction without an internal hearing. Tenants who believe their grievance rights have been improperly denied can look into whether a valid due process determination exists for their jurisdiction (notices are published in the Federal Register), raise the issue as a defense in any court proceeding, or reach out to a local tenant-rights organization for general information about available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 4, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.