Maldonado v. Housing Auth. of Austin

No. A-96-CA-330-SC (W.D. Tex. Dec. 18, 1996). ; Clearinghouse Number: 51568

Description

Public Housing Authority Agrees to Revise Tenant Selection Policy That Automatically Denied Housing to Those with Criminal Record Within Past Ten Years

Abstract

The parties have settled this action against defendant public housing authority’s policy of automatic denial of application from persons whose criminal history includes any incident—even if only an arrest—within ten years of their application. Two of the plaintiffs were denied public housing because of a single arrest on which no criminal charges were filed; a third was denied on the basis of a single, nonviolent, non-drug-related incident for which she received deferred adjudication. Plaintiffs alleged that defendant failed to consider the time, nature, and extent of their conduct, rehabilitation, and other favorable evidence; that defendant did not notify them of their right to present rehabilitation or other favorable evidence at their appeal hearings; and that the policy violated HUD regulations governing admission criteria (24 C.F.R. § 960.205), their due process and equal protection rights, and the Fair Housing Act (42 U.S.C. §§ 3604, 3613). Defendant agreed to modify its tenant selection policy such that an arrest or conviction would not in and of itself be a basis for denial of assistance but might be factored in determining whether the conduct occurred. Further, the revised policy would consider mitigating circumstances when unfavorable information was received. Defendant also agreed to pay plaintiffs $4,450 in attorney fees and $1,500 each in damages and to offer each a public housing unit. Counsel notes that this case was filed before the enactment of the congressional prohibition on the recovery of attorney fees by Legal Services Corporation-funded programs.

Additional Information

Attorney Information
Plaintiffs represented by Fred Fuchs, Legal Aid of Central Texas, 205 W. 9th St., Suite 200, Austin, TX 78701; (512) 476-7244.
Docket Date
1996-12-18 00:00:00+00:00