§ 1437f

Citation: § 1437f
Parent Document: Nozzi v. Housing Authority, 806 F.3d 1178 (2015)
Jurisdiction: United States (federal)
Effective Date: 2015-11-30
Original Source: https://www.courtlistener.com/opinion/3158630/nozzi-v-housing-authority/ ↗

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As for the California Government Code § 815.6 claim, we
noted that the statute permits private individuals to sue public
entities when three elements have been met: (1) there is an
enactment imposing a mandatory duty, (2) that enactment is
intended to protect the individual from the type of injury
suffered, and (3) the breach of the mandatory duty was the
proximate cause of the injury suffered. Id. We held that the
“district court incorrectly concluded that the notice provided
by defendants satisfied the mandatory duty in § 982.505 to
provide one-year notice before implementing the reduced
[payment standard].” Id. The notice required by the
regulation must be, “[a]t a minimum,” “sufficiently effective
to protect housing benefits recipients from an abrupt and
unexpected reduction in benefits.” Id. Accordingly, this
Court remanded the § 815.6 claim for further consideration.13

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