Section 2

Citation: Section 2
Parent Document: Highgate Housing Limited Partnership v. Macaulay-Fisher (2015)
Jurisdiction: Vermont (state)
Effective Date: 2015-08-11
Original Source: https://www.courtlistener.com/opinion/4489499/highgate-housing-limited-partne... ↗

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There is no evidence that in May of 2014, Plaintiff did anything to verify the ARIS
income, or to ask Defendant for paystubs. Plaintiff’s witness testified that it could not proceed
until Joshua brought in paystubs, and testified that a letter it sent on May 1, 2014 was a
“reminder” to bring in paystubs, but it says nothing about paystubs. The letter is a standard form
Notice “that is being sent to remind you that, as a recipient of Section 8 assistance, HUD requires
you to report the following interim changes to your household composition and income to the
site management office when such changes occur: . . .4. The family’s income cumulatively
increases by $200 or more per month.” This Notice does not specify a need for pay stubs. At
the top, it identifies “Current Gross Household Income on File” as $27,186, and “Date of Last
Recertification” as “5/01/2014 (MI)”. This document does not match the circumstances at the
time, as there had been no Recertification on May 1, 2014. Months earlier, Joshua had not only
informed Plaintiff of his ARIS employment but had signed releases authorizing verification of
income. Plaintiffs had done nothing to verify, and this letter was a standard form letter
automatically sent; it was not a reminder or notice to Joshua that he had an obligation to provide
paystubs or he could be retroactively charged market rent.

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