Exceptions, Appeals, & Grievances

Exceptions

A request for an exception to the standards and requirements of Jackson Teton County Affordable Housing (JTCAH) Guidelines may be appropriate when the individual believes there is a legitimate and compelling reason why they should be exempt from the criteria outlined in the guidelines, or allowed a modification of the criteria. Exceptions may be granted to the Guidelines on a case-by-case basis, provided that JTCAH finds such exception will promote the provision of Affordable Housing.

Exception Procedure

A request for Exception must be presented to JTCAH in writing using the Request for Exception Form (PDF) and include the following:

  1. The particular ground(s) upon which it is based.
  2. The action or remedy requested.
  3. The name address telephone number of the complainant and similar information of complainant's representative, if any.
  4. Proof of notification of Exception request to the Housing Unit's Home Owner's Association, if applicable
  5. Exception fee of $25.

Process

JTCAH Staff will review all Requests for Exceptions.

  1. JTCAH Staff will prepare a written report summarizing the  decision regarding the requested exception within 30 days and distribute a copy of the decision to the Board and applicant requesting the exception.
  2. If the decision is a denial or less than a complete approval, the applicant may appeal the decision to the JTCAH Board.
  3. Requests for Exceptions must be submitted prior to a lottery.

Appeals

When a decision concerning a request for exception is made by JTCAH that concerns an individual, an appeal may be filed by the individual. 

Appeal Procedure

Appeals must be submitted to JTCAH in writing using the Request for Appeal Form (PDF) and shall include:

1. The particular ground(s) upon which it is based.

2. The action or remedy requested.

3. The name, address, telephone number of the complainant and similar information of complainant's representative, if any.

4. Proof of notification of Appeal request to the Housing Unit's Home Owners Association if applicable.

5. The appeal process must be complete before entering a lottery.

6. Appeal fee of $25 to be paid.

Process

All appeals will be reviewed by JTCAH Staff for completeness and forwarded with a recommendation for action to JTCAH Board within 30 days.

1. The JTCAH Board will address the appeal at the next scheduled  board meeting. Applicant shall be entitled to present evidence in  support of the appeal.

2. Based on the hearing, the JTCAH Board will provide a final  determination that will be binding, and JTCAH will take all actions  necessary to carry out the decision.

Grievances

A grievance is any dispute that a Seller, Buyer, or Owner may have with JTCAH with respect to an action or failure to act in accordance with the individual's rights, duties, welfare, or status. A grievance may be presented to the JTCHA Board under the procedures below.

Grievance Procedure

Any grievance must be submitted to JTCAH in writing using the Request for Grievance Form (PDF) which includes the following:

  1. The particular ground(s) upon which it is based.
  2. The action or remedy requested.
  3. The name, address, telephone number of the complainant and similar information of complainant's representative, if any.
  4. Grievance fee of $25 to be paid.

The JTCAH Board shall address the grievance at the next scheduled board meeting provided that the grievance is submitted to JTCAH in sufficient time for advertising for the next board meeting (approximately 2 weeks before the meeting). The complainant shall be afforded a fair hearing providing the basic safeguards of due process, including notice and an opportunity to be heard in a timely and reasonable manner. JTCAH Board may continue the hearing.

  1. Complainant has the right to be represented by counsel. JTCAH will retain an attorney to represent its interest and to assist in  record keeping and procedural requirements.
  2. The complainant and JTCAH Staff will have the opportunity to examine all documents, records and regulations of JTCAH that are relevant to the hearing. Complainant shall be responsible for all photocopying expenses. Any document not made available after written request may not be relied upon at the hearing.
  3. If the complainant fails to appear at the hearing, the JTCAH Board may make a determination to postpone the hearing or make a determination based upon the evidence submitted.
  4. The hearing will be conducted by a designated member of the JTCAH Board as the Hearing Officer or an appointed Hearing Officer. The hearing will be recorded.
  5. All evidence at the hearing conducted by the Hearing Officer  will be under oath, and both parties will be permitted to cross-examine witnesses.
  6. The burden of showing that the decision of the JTCHA was incorrect shall be on the complainant.

Based on the records of the hearing, the JTCHA Board will provide a written decision with findings to support the determination. The decision will be binding and the JTCHA shall take all actions necessary to carry out the decision.