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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Stevens v. HOUSING AUTHORITY OF SOUTH BEND, IND., 663 F.3d 300 (2011)

Citation
Stevens v. HOUSING AUTHORITY OF SOUTH BEND, IND., 663 F.3d 300 (2011)
Parent Document
Stevens v. HOUSING AUTHORITY OF SOUTH BEND, IND., 663 F.3d 300 (2011)
Effective Date
2011-12-01

Other Sections in This Document (42)

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case. Injunctive relief is therefore no longer available to
her. St. John’s, 502 F.3d at 626-27. Declaratory relief
suffers from the same mootness problem because it
would have no impact on Stevens going forward. St.
Johns’s, 502 F.3d at 628.
   Other evidence further confirms that injunctive relief
is unavailable to Stevens. In addition to Stevens’ eviction
for the reasons stated in the Second and Third Notices,
HASB discovered during the litigation that Stevens lied
on her application for the unit. In particular, Stevens
denied having previously resided in public housing, a
denial which allowed her to conceal that she still owed
money to HASB for the prior tenancy. Applicants for
public housing who owe money from prior tenancies
are not offered new housing until the balance has been
paid. Moreover, the falsification of the application was
itself a violation of federal law that could lead to
fines and imprisonment. See 18 U.S.C. § 1001. Stevens
certified when signing her application that all of the
information given was true and correct, but admitted
in her deposition that she gave a false answer to the
question regarding prior residency in public housing.
R. 62-4, at 48; R. 62-3, at 23.7 Stevens also violated her
lease when she allowed her husband to stay at her home