TITLE 4: GRIEVANCE PROCEDURES
CHAPTER XXV: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 700
AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE
SECTION 700.101 AUTHORITY
Section 700.101 Authority
This Part is authorized and made
pursuant to the Americans With Disabilities Act of 1990 (42 U.S.C. 12131-12134)
("ADA"), the regulations promulgated thereunder (28 CFR 35.107) (the
"Regulations") and Section 7.19 of the Illinois Housing Development
Act (Ill. Rev. Stat. 1991, ch. 67 1/2, par. 307.19).
 | TITLE 4: GRIEVANCE PROCEDURES
CHAPTER XXV: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 700
AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE
SECTION 700.102 PURPOSES
Section 700.102 Purposes
This Part establishes a
grievance procedure pursuant to the ADA and specifically the Regulations, which
require that such a procedure be established to resolve grievances asserted by
qualified individuals with disabilities. The ADA requires that each program and
activity offered by the Illinois Housing Development Authority (the
"Authority") be readily accessible to and usable by qualified
individuals with disabilities. It is the intent of the Authority to foster open
communication with all individuals requesting access to the programs and
activities of the Authority.
| TITLE 4: GRIEVANCE PROCEDURES
CHAPTER XXV: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 700
AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE
SECTION 700.103 DEFINITIONS
Section 700.103 Definitions
"Authority": The Illinois Housing Development
Authority.
"Complainant": An individual with a disability who
files a Grievance on the form provided by the Authority in accordance with this
Part.
"Designated Coordinator": The person appointed by
the Authority to coordinate the Authority's efforts to comply with and carry
out its responsibilities under Title II of the ADA, including investigation of
grievances filed by complainants. The Designated Coordinator for the Authority
can be reached at 401 N. Michigan Avenue, Suite 900, Chicago, Illinois 60611 or
by telephone at (312)836-5200.
"Disability": With respect to an individual, a
physical or mental impairment that substantially limits one or more of the
major life activities of such individual; a record of such impairment; or being
regarded as having such an impairment.
"Grievance": Any formal complaint under the ADA by
an individual with a disability who meets the essential eligibility
requirements for participation in or receipt of the benefits of a program or
activity offered by the Authority, and who believes he or she has been excluded
from participation in or denied the benefits of any program or activity of the
Authority, or has been subject to discrimination by the Authority on the basis
of his or her disability.
"Grievance Form": The form on which a Grievance
must be submitted to the Authority.
"Grievance Procedure": The procedure established
by this Part.
SUBPART B: PROCEDURES
| TITLE 4: GRIEVANCE PROCEDURES
CHAPTER XXV: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 700
AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE
SECTION 700.201 GENERAL PROCEDURES
Section 700.201 General
Procedures
a) Submission. Complainants shall submit Grievances in
accordance with the procedures established in Section 700.202 and 700.203 of
this Part, in the form and manner described and within specified time limits.
The time limits for this Grievance Procedure shall be measured in calendar
days, unless otherwise explicitly stated, and may be extended by mutual
agreement in writing by the Complainant and the reviewer at the Designated
Coordinator and the Final Levels.
b) A Complainant's failure to submit a Grievance, or to submit or
appeal it to the next level of procedure, within the specified time limits,
shall mean that the Complainant has withdrawn the Grievance or has accepted the
last response given in the Grievance Procedure as the Authority's final response.
c) The Authority shall, upon being informed of an individual's
desire to file a Grievance, instruct the individual how to receive a copy of
this Grievance Procedure and the Grievance Form.
| TITLE 4: GRIEVANCE PROCEDURES
CHAPTER XXV: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 700
AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE
SECTION 700.202 DESIGNATED COORDINATOR LEVEL
Section 700.202 Designated
Coordinator Level
a) If an individual desires to file a Grievance, the individual
shall promptly, but no later than 180 days after the alleged act of
discrimination, submit the Grievance to the Designated Coordinator on the
Grievance Form prescribed for that purpose. To receive proper consideration by
the Designated Coordinator, the Grievance Form shall be completed in full. The
completed form shall include:
1) the Complainant's name and, if applicable, address and
telephone number;
2) the best means and time for contacting the Complainant;
3) the program or activity which was denied to the Complainant or
in which alleged discrimination occurred;
4) the date and nature of the alleged denial or discrimination;
5) the signature of the Complainant.
b) Upon request, the Authority shall provide assistance in
completing the Grievance Form.
c) The Designated Coordinator or his designated representative
shall investigate the Grievance and shall make reasonable efforts to resolve
it. The Designated Coordinator shall provide a written response to the
Complainant and to the Director of the Authority within ten (10) business days
after receipt of the Grievance Form.
| TITLE 4: GRIEVANCE PROCEDURES
CHAPTER XXV: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 700
AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE
SECTION 700.203 FINAL LEVEL
Section 700.203 Final Level
a) If the Grievance is not resolved to the satisfaction of the
Complainant at the Designated Coordinator Level, the Complainant may submit a
copy of the Grievance Form and Designated Coordinator's response to the
Director of the Authority for final review. The Complainant shall submit these
documents to the Director, or his or her designee, together with a short
written statement explaining the reason(s) for dissatisfaction with the
Designated Coordinator's written response, within five (5) business days after
receipt by the Complainant of the Designated Coordinator's response.
b) The Complainant shall be afforded an opportunity to appear
before the Director, or a representative designated by the Director. The
Complainant shall have a right to appoint a representative to appear on his or
her behalf, provided that the Complainant notifies the Director or the
Director's representatives, as applicable, two (2) business days in advance of
the hearing that the Complainant has appointed such a representative. The Director
or his or her representative shall review the Designated Coordinator's response
and may conduct interviews and seek advice as may be appropriate.
c) The Director shall approve, disapprove or modify the
recommendation of the Designated Coordinator, shall render a decision thereon
in writing within thirty (30) days, shall state the basis therefor, and shall
cause a copy of the decision to be served on the parties. The Director's
decision shall be final. If the Director disapproves or modifies the Designated
Coordinator's recommendations, the Director shall include written reasons for
such disapproval or modification.
d) The Grievance Form, the Designated Coordinator's response, the
statement of the reasons for dissatisfaction, and the decision of the Director
shall be maintained in accordance with the State Records Act (Ill. Rev. Stat.
1991, ch. 116, par. 43.3 et seq.) or as otherwise required by law.
| TITLE 4: GRIEVANCE PROCEDURES
CHAPTER XXV: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 700
AMERICANS WITH DISABILITIES ACT GRIEVANCE PROCEDURE
SECTION 700.204 ACCESSIBILITY
Section 700.204
Accessibility
The Authority shall ensure that,
at all stages, the Grievance Procedure is readily accessible to and usable by
individuals with disabilities.
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