Ressler v. Pierce

692 F.2d 1212 (9th Cir. 1982) ; Clearinghouse Number: 25595

Description

Ninth Circuit Holds Applicants for Placement in Section 8 Set-Aside Programs Entitled to Due Process

Abstract

The Ninth Circuit held that plaintiffs, applicants and potential applicants for HUD rent subsidies under the Section 8 loan management set-aside program (42 U.S.C. § 1437f of the Housing and Community Development Act of 1974) are entitled to due process protections in the application process. The court ordered that certain due process protections should apply upon denial of a place in a Section 8 project. Among them are an impartial hearing officer, notice, an explanation of denial, and the right to he heard. The court denied plaintiffs' request that Section 8 loan management set-aside projects be required to fully utilize Section 8 certificates. The Ninth Circuit upheld district court orders concerning tenant-selection criteria and maintenance of waiting lists for such projects.

Additional Information

Attorney Information
Bessie O'Rourke, Alaska Legal Services, 615 "H" St., Anchorage AK 99501, (907) 272-9431
Docket Date
1970-01-01 06:00:00+00:00