McCook v. Housing Auth. of Austin

No. A-96-CA-331-SC (W.D. Tex. Dec. 18, 1996). ; Clearinghouse Number: 51569

Description

Housing Authority Agrees to Consider Circumstances Preventing Applicants from Timely Response to Information Requests

Abstract

The parties have settled this action opposing defendant housing authority’s decision to remove plaintiff applicant from the waiting list for Section 8 existing housing. At a December 27, 1995, meeting with a housing authority employee, plaintiff was told to complete and return various documents by January 3. Despite her best efforts, plaintiff was unable to turn in all of the documents by the deadline. One day later plaintiff was summarily removed from the waiting list she had been on for nearly ten years. The letter she received informing her of her removal did not notify her of any hearing or appeal rights. Plaintiff claimed that defendant’s action violated Department of Housing and Urban Development regulations, 24 C.F.R. §§ 982.552, .554, and her procedural and substantive due process rights. Defendant agreed to modify its occupancy policies on tenant selection and removal from the waiting list for failure to respond, supply requested information, or appear for an appointment. In deciding whether to reinstate applicants a hearing officer would consider (1) their efforts to respond, supply information, or attend interviews or meetings; (2) their record, if any, of responding to other information requests from defendant; and (3) the reasons—such as illness, lack of transportation or child care, disabilities, and educational or language barriers—they offer for failing to respond timely, provide information, or attend a meeting. Defendant also agreed to reinstate plaintiff on the Section 8 waiting list immediately, to give her an appropriate unit by December 31, 1996, and to pay her $1,000 in damages and $2,870 in attorney fees. 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
Plaintiff 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