Anderson v. Housing Authority of San Antonio

No.SA 04 CA 1060 OG (W.D. Tex. November 24, 2004) ; Clearinghouse Number: 55825

Description

Section 8 Certificate Holder Seeks to Prevent San Antonio Housing Authority from Terminating Her Housing Voucher Without Giving Her Adequate Notice

Abstract

Plaintiff single parent of five minor children seeks to restrain defendant San Antonio housing authority officials from terminating her Section 8 housing benefits without giving adequate notice of the reasons for such termination in violation of federal law and U.S. Department of Housing and Urban Development regulations 24 C.F.R. § 982.552, .555. Plaintiff asserts that, shortly after moving into a house, severe water leaks and other problems caused the house to fail to meet federal housing quality standards. Plaintiff complained to housing authority about the water leaks, rats, electrical and other problems, and defendant sent an inspector to investigate. When landlord did not make repairs in response to the failed inspection notice, the housing authority advised plaintiff that she could move. Then defendant notified plaintiff that her housing subsidy would be terminated because she did not replace the batteries in a smoke detector. Fearing for the health and safety of her family and believing that her subsidy would cease, plaintiff moved. Two months later at an informal hearing an officer reinstated plaintiff’s housing benefits, but a new subsidy was never issued. For six months, plaintiff received from housing authority various termination notices stating the following inaccurate reasons for terminating: “HQS breach caused by family” and “unreported family income.” Plaintiff alleges that the loss of subsidized housing benefits constitutes irreparable injury.

Additional Information

Attorney Information
Plaintiff represented by Aida Ann Zaragoza, Texas Rio Grande Legal Aid, 1111 N. Main St., San Antonio, TX 78212 (telephone number: 210.212.3700).
Docket Date
2004-11-24 00:00:00+00:00
Attorney Email
azaragoza@trla.org