Whitelaw v. Hous. Auth. of the City of Richmond

No. MSN03-0604 (Cal. Super. Ct. Contra Costa County Mar. 22, 2004) ; Clearinghouse Number: 55586

Description

Housing Authority’s Termination of Former Tenant from Section 8 Voucher Program Is Set Aside

Abstract

The court granted Section 8 voucher program recipient’s petition to set aside defendant housing authority’s decision to terminate her from the program for failing to report income when she was not receiving assistance. Petitioner, who had been receiving benefits under the federal Section 8 housing assistance voucher program (24 C.F.R. Sec. 982 et seq.), became employed and moved from her Section 8 unit. Defendant housing authority, after notice and a hearing, terminated her from the Section 8 program for failing to report income while a “participant” of or “applicant” for the Section 8 voucher program. Petitioner argued that, under federal regulations and defendant’s administrative plan, she was neither a “participant” nor an “applicant.” Even if she were, the income information was not required as it was not “necessary for the administration” of the Section 8 program. Petitioner contended that the court had the power to reinstate her because in terminating her the housing authority not merely used its discretion but acted contrary to law. Without written comment, the court set aside the termination and ordered petitioner reinstated into the Section 8 voucher program.

Additional Information

Attorney Information
Petitioner represented by Ralph Murphy, Bay Area Legal Aid, 1017 MacDonald Ave, P.O. Box 2289, Richmond, CA 94802 (510.233.9954)
Docket Date
2004-03-22 00:00:00+00:00

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