§ 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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Once a substantive right has been created, “it is the Due
Process Clause which provides the procedural minimums, and
not a statute or regulation.” Geneva Towers, 504 F.2d at 491
n.13; Nozzi, 425 F. App’x at 542 (“Technical compliance
with regulatory procedures does not automatically satisfy due
process requirements.”). For this reason, in analyzing the
plaintiffs’ due process claim, we do not address whether the
Housing Authority complied with the requirements of 24
C.F.R. § 982.505(c)(3), but whether the Housing Authority
complied with the requirements of the due process clause.
We conclude that it failed to do so, and indeed, that the flyer
was totally inadequate for that purpose.

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