On March 6, I finally heard back from HUD—and they denied my appeal, claiming they didn’t have jurisdiction, which made no sense. I had already clearly explained that they did. This response was not only inappropriate, it felt like a deliberate attempt to avoid responsibility.
I needed to figure out my next steps. I could file a complaint with the Office of Inspector General (OIG), but that process takes forever. I also considered filing for judicial review in Superior Court to overturn the NCHRC’s determination, but at that point I’d lost faith in the state courts and was planning to file a federal lawsuit instead.
Still, I knew Anna would likely try to use the agency’s faulty findings against me, even though the investigation was clearly mishandled. Judicial review would’ve cost $200 and dragged out for months—and I wasn’t going to keep paying to correct other people’s mistakes, especially when my rights were violated in the process.
After doing some research, I found that I could petition for a contested case hearing through the Office of Administrative Hearings, which allows people to challenge administrative agency actions. Since the NCHRC is a commission under that office, I knew I was basically asking them to police their own—but it was a faster option and only cost $20. So I filed the petition.
NC G.S. § 150B-23. Commencement; assignment of administrative law judge; hearing required; notice;intervention
(a) A contested case shall be commenced by paying a fee in an amount established in G.S. 150B-23.2 and by filing a petition with the Office of Administrative Hearings and, except as provided in Article 3A of this Chapter, shall be conducted by that Office. The party that files the petition shall serve a copy of the petition on all other parties and, if the dispute concerns a license, the person that holds the license. A party that files a petition shall file a certificate of service together with the petition. A petition shall be signed by a party, an attorney representing a party, or other representative of the party as may specifically be authorized by law, and, if filed by a party other than an agency, shall state facts tending to establish that the agency named as the respondent has deprived the petitioner of property, has ordered the petitioner to pay a fine or civil penalty, or has otherwise substantially prejudiced the petitioner’s rights and that the agency did any of the following:
(1) Exceeded its authority or jurisdiction.
(2) Acted erroneously.
(3) Failed to use proper procedure.
(4) Acted arbitrarily or capriciously.
(5) Failed to act as required by law or rule.
The parties in a contested case shall be given an opportunity for a hearing without undue delay. Any person aggrieved may commence a contested case under this section.