[DOWNLOAD] "Driver V. Housing Authority Of Racine County" By State Of Wisconsin In Court Of Appeals District II ~ Book PDF Kindle EPub Free
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eBook detailsTitle: Driver v. Housing Authority of Racine CountyAuthor : State of Wisconsin in Court of Appeals District IIRelease Date : January 08, 2006Genre: Law,Books,Professional & Technical,Pages : * pagesSize : 79 KB
1 The plaintiffs appeal the circuit courts dismissal of their 42 U.S.C. 1983 (2005) actions against the Housing Authority of Racine County (HARC). HARC sent both plaintiffs a notice stating it would terminate their section 8 housing assistance benefits because they had violated a "family obligation." Each party requested and received an informal hearing, after which HARC issued a written decision terminating their assistance for violating their "tenant responsibility." The circuit court granted summary judgment for HARC on the ground that both plaintiffs had actual knowledge of the charges against them. We reverse. Both the initial notices and the ultimate decisions, essentially form letters, fell woefully short of the level of specificity that due process requires. Nowhere did these documents specify who had violated what specific obligation, when the violation occurred, and neither gave even a rudimentary description of the incidents giving rise to the charges. "Actual notice" will not suffice. Federal regulations mandate written notice, and strict compliance is imperative as a matter of law and public policy. By reading an "actual notice" exception into the regulatory scheme, we would invite housing authorities to dispense with proper notice whenever they determined for themselves that the tenant "must have known" the basis for the allegations against them. Tenants would have no recourse unless they could prove, based on a record that may be sparse or nonexistent, that they did not actually have such notice. Fundamental fairness does not countenance such a result.