- Office in New York
THIS IS A FULL-TIME TEMPORARY POSITION.
The Office of Impartial Hearings (OIH) is an administrative tribunal which conducts hearings. The OIH is a fast-paced environment and has a demanding workload. The Hearing Examiner/Officer must be fair, impartial, disinterested, and ensure that litigants are afforded due process. The Hearing Examiner/Officer must ensure that administrative hearings adhere to the procedural requirements of Federal Consent Decrees which gave rise to the administrative hearing process.
Under administrative supervision, with considerable latitude for independent action and decision making, the successful candidate will conduct formal hearings, render written decisions, and issue subpoenas on the following:
Termination
- Tenancy
- Leased Housing/Section 8 Subsidy
Grievances
- Remaining Family Member
- Tenant Initiated, such as Rent Grievances and Reasonable Accommodation Requests
- Leased Housing/Section 8 Voucher Holders, such as Rent Share Calculation and Section 8 Reasonable Accommodation Requests
- Over-Income
Appeals
- Applicant or Trespass
- Tenant Reasonable Accommodation Requests
Duties and responsibilities include the following:
1. Conduct formal administrative hearings relating to, inter alia, NYCHA-initiated termination of tenancy proceedings involving allegations of non-desirability, breach of rules and regulations, chronic breach of rules and regulations, violation of probation, violation of permanent exclusion, chronic rent delinquency, non-verifiable income, assignment and transfer of possession and misrepresentation; remaining family member grievances (succession claims), rent determination grievances, Section 8 termination of subsidy proceedings and Section 8 share of rent or monthly housing assistance proceedings.
2. Render a written decision at the conclusion of each administrative hearing. The written decision must include the charges as applicable, all relevant issues raised at the hearing by testimony and evidence presented, specific findings as to whether the charges have been proven and a disposition. Conduct legal research relating to any issues raised during the administrative hearing or in post hearing memoranda.
3. Review written applications submitted by tenants, grievants and their legal representatives, if any, seeking to re-open administrative default determinations and opposition papers submitted by NYCHA Law Department, if any. Render written determinations, with legal analyses and findings on such applications.
4. Review documents submitted by NYCHA Law Department in support of requests for default termination or default probation to ensure timely and proper notification to tenants who fail to appear for administrative hearings. Render written determinations on such requests.
5. Review documents submitted by NYCHA Law Department in support of request for dismissal to ensure timely and proper notification to grievants and Section 8 participants who fail to appear for administrative hearings. Render written determinations on such requests.
6. Review written applications submitted by tenants and their legal representatives to remove the condition of permanent exclusion and opposition papers submitted by NYCHA Law Department. Render written determinations on such applications.
7. Review written requests pursuant to Mental Competence Assessment and Guardians Ad Litem, (GM 3742 Revised), to set aside Hearing Officers’ decisions, stipulations of settlement or defaults based upon claims of mental incompetence and opposition papers submitted by NYCHA Law Department. Render written determinations on such requests.
8. Possess an understanding of the effect of Court Orders issued in other forums, upon an administrative proceeding, including but not limited to, an appointment of an Article 81 Guardian pursuant to an Order issued in New York Supreme Court; a stay of an administrative proceeding pursuant to an Order issued in New York Supreme Court; a So-Ordered stipulation between the parties from New York City Housing Court that includes terms indicating vacatur of an apartment; and an Order from New York City Family Court indicating the appointment of a Kinship Guardian for a litigant.
9. Stay current with federal regulations, NYCHA regulations, policy, procedures, forms and relevant caselaw.
Additional Information
1. At the time of Appointment and for as long as candidate is in the position of Hearing Examiner/Officer, candidate must possess a valid license to practice law before the Courts of New York State.
2. NYCHA residents are encouraged to apply.
Please read this posting carefully to make certain you meet the minimum qualification requirements before applying to this position.
HEARING EXAMINER (HA) - 13353
Qualification Requirements
1. Five years of full-time paid responsible experience in the field of Administrative Law or the actual preparation and trial of cases in court, the preparation and presentation of appeals therefrom, or the hearing of such cases within a court of record, governmental body or similar organization; or
2. A satisfactory equivalent. However, all candidates must have at least three years of full-time paid responsible experience as described above.
License Requirement
At the time of Appointment, candidates must possess a valid license to practice law in the State of New York.
The City of New York is an inclusive equal opportunity employer committed to recruiting and retaining a diverse workforce and providing a work environment that is free from discrimination and harassment based upon any legally protected status or protected characteristic, including but not limited to an individual's sex, race, color, ethnicity, national origin, age, religion, disability, sexual orientation, veteran status, gender identity, or pregnancy.
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