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Tonge v. Housing Auth. of Bardstown
No. CV 95-88-L-H (W.D. Ky. filed May 31, 1995) ; Clearinghouse Number: 50721
Description
Public Housing Authority Agrees to Give Applicants Specific Reasons for Denial and More Time to File Appeals
Abstract
The parties have settled this class action brought by plaintiff
public housing applicants to challenge defendant public housing
authority’s practices in determining applicants’
eligibility for assistance. Plaintiffs alleged that defendant
wrongfully required excess verification from applicants before
processing their applications, failed to decide on applications and
notify applicants promptly, failed to investigate applications
adequately and to consider applicants’ present ability to
meet rental obligations, failed to give legally adequate notice of
the reasons for denials, and refused to grant applicants a hearing
unless requested within five business days. After a hearing on
plaintiffs’ motion for a preliminary injunction, the parties
entered into settlement negotiations. Under the terms of the
settlement, defendant agreed to expand the time period for
applicants to appeal denials from five to fourteen days. In
addition, defendant agreed to state more specific grounds for
denial in its written notice to denied applicants. Finally,
defendant agreed to consider factors that might indicate a
reasonable probability of favorable future conduct or financial
prospects following the receipt of unfavorable information about an
applicant. The parties have published notice to the class of the
settlement and have separately moved the court for its approval.
Additional Information
Files
- Complaint
- Motion for Preliminary Injunction
- Memorandum in Support of Motion for Preliminary Injunctive Relief
- Affidavit in Support of Motion for Preliminary Injunctive Relief
- Memorandum in Opposition to Motion for Preliminary Injunction
- Answer of Defendants Housing Authority of Bardstown and J. Kaye Feeling to Plaintiffs’ Complaint
- Motion to Dismiss Complaint as Against Defendant J. Faye Keeling in her Individual Capacity and Memorandum in Support
- Settlement Agreement
- Joint Motion to Enter Order Granting Preliminary Approval to Settlement Agreement, Conditionally Certifying Settlement Class, and Approving Notice
- Certificate of Compliance with Class Notice Requirements
- Memorandum in Support of Class Settlement Agreement
- Defendants’ Motion to Enter Order Granting Final Approval to Settlement Agreement and Certifying Settlement Class and Memorandum in Support
