§ 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/ ↗

Full Text

1,081 chars

The “dimensions” of the property interest here “are
defined by existing rules . . . or understandings that secure
certain benefits”—in this case, the Voucher Program statute
and regulations. See Roth, 408 U.S. at 577. These
regulations limit the Housing Authority’s discretion to alter
tenants’ subsidies through changes to the payment standard
unless tenants have been advised of the change and notified
that the reduced standard will not be implemented for at least
a full year afterwards. See 24 C.F.R. § 982.505(c)(3); see
also Nozzi I, 425 F. App’x at 541–42 (“[T]he Section 8
regulations ‘closely circumscribe’ [the Housing Authority’s]
discretion—by prohibiting [it] from immediately
implementing a reduced [payment standard] and requiring [it]
to inform participants that a reduced [standard] will be
implemented[.]”). This mandatory one-year postponement is
designed to serve as an “equitable . . . safeguard[] against
reductions in subsidy.” Section 8 Housing Choice Voucher
Program; Expansion of Payment Standard Protection, 65 Fed.
Reg. 42508-01, 42508 (July 10, 2000).

Other Sections in This Document (154)

Full Text