Judge orders that low-income tenant's Section 8 vouchers be
re-instated
February 7, 2006 Media Release
(Raleigh, NC) – A federal judge has ruled that the
Housing Authority of Raleigh had failed to provide an impartial
hearing to a tenant and ordered that the tenant’s federal rental
assistance be reinstated.
On January 28, 2006 Judge Terrence Boyle of the United States
District Court for the Eastern District of North Carolina ruled that
in failing to respect a tenant’s constitutional rights, the Raleigh
Housing Authority (RHA) had illegally cancelled her federal rental
assistance in October 2003.
“This ruling shows that programs serving disadvantaged citizens must
respect their clients’ legal rights”, said Roger Cook, staff
attorney with Legal Aid of North Carolina. “Without recourse to
agencies such as Legal Aid of North Carolina and the efforts of pro
bono attorneys, families such as Ms. Evans’s would find the door to
housing opportunity slammed shut with no way to get in.”
The federal Section 8 housing assistance program serves over one
million low-income households nationally, using funding administered
by the United States Department of Housing and Urban Development
(HUD). The program is administered through local agencies
across the country, such as RHA, and provides monthly rental
assistance vouchers to qualifying low-income households.
Under the rules governing the Section 8 program, local agencies may
determine that a participant has breached a rule governing their
participation, and, if it does, it may cancel the assistance.
The sole recourse for such cancellation provided by the regulations
of this program is an informal hearing at the local agency.
In October 2003, the RHA had issued a notice of cancellation of
Evans’ monthly rental assistance vouchers following a claim from
Evans’ landlord that she had damaged the rental property.
Evans then requested a hearing to challenge the cancellation and
presented photographs disputing the landlord’s allegations.
The only information supporting the landlord’s allegations was the
landlord’s letter to RHA. The hearing officer assigned to
preside at the hearing had earlier spoken with the landlord, and had
herself directed that Ms. Evans’ assistance be cancelled.
Evans lost her assistance, but filed a law suit on May 4, 2004. Her
law suit challenged the action of the RHA on the grounds that she
did not receive a full and fair hearing on her challenge.
Judge Boyle agreed with her, and ruled that the agency’s action
violated her rights, including her right to an impartial decision
maker.
In ordering the assistance retroactively reinstated, he found that
the hearing conducted by the RHA “failed to comport with
constitutional due process requirements and applicable housing
regulations”, and that the cancellation of Ms. Evans’ assistance by
the RHA was therefore legally “void”. He found the procedure used by
the RHA to be a “glaring impropriety”.
Evans was represented in her action by Roger Cook of Legal Aid of
North Carolina (LANC), and pro bono attorneys Elaine Whitford
and Christopher Graebe of Womble, Carlyle, Sandridge and Rice, PLLC.
“This ruling clarifies the standards for governing these termination
hearings,” noted Cook. “It makes explicit and crystal clear the
obligations of the agency to respect the constitutional rights of
participants.”
RHA operates low-income housing assistance programs in Wake County,
and currently administers approximately 3,300 Section 8 housing
vouchers. In two court challenges by Section 8 participants
over the past 18 months, RHA has been held in violation and ordered
to reinstate rental assistance. RHA is currently facing
additional court challenges for wrongful termination of assistance.
Legal Aid of North Carolina (LANC) is a statewide, nonprofit law firm
that provides free legal services in civil matters to eligible,
low-income people in all 100 counties in North Carolina through 24,
geographically located offices in North Carolina. LANC’s
clients typically have an annual income of 125% or less of the
federally established poverty levels.
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This releases is in reference to: CASE DECISION:
MICHELLE EVANS V. HOUSING AUTHORITY OF THE CITY OF RALEIGH, No.
5:04-CV-291-BO(1), U.S. District Court, Eastern District of North Carolina,
issued 1/28/06.
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CONTACTS:
Roger Cook (Staff Attorney, LANC-Durham Office, Durham, NC),
919-688-6396
George Hausen (Executive Director, LANC, Raleigh, NC),
919-856-2564
Dock Kornegay (Director, Public Relations & Development, Raleigh, NC);
919-856-2564
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Mission Statement
Legal Aid of North Carolina is a statewide, nonprofit law firm that
provides free legal services in civil matters to low-income people in
order to ensure equal access to justice and to remove legal barriers
to economic opportunity.