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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

§ 1437f

Citation
§ 1437f
Parent Document
Nozzi v. Housing Authority, 806 F.3d 1178 (2015)
Effective Date
2015-11-30

Other Sections in This Document (154)

Full Text

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First, the private interest at stake in this case and the
“degree of potential deprivation,” Mathews, 424 U.S. at 341,
is substantial. The 2004 decrease in payment standards
affected Section 8 beneficiaries’ rent by an average of $104
per month, a deprivation that could be “very serious to a poor
person.” Geneva Towers, 504 F.2d at 492; see also Escalera
v. New York City Hous. Auth., 425 F.2d 853, 864 (2d Cir.
1970) (“[E]ven small charges can have great impact on the
budgets of public housing tenants, who are by hypothesis
below a certain economic level.”). For plaintiffs Nozzi and
Palaez, the payment standard yielded 48% and 177%
increases in their respective rent obligations. This reduction
in a tenant’s subsidies and accompanying increase in the cost
of housing “could force tenants to forego other perhaps
necessary purchases and could even force some tenants to
seek other less expensive housing.” Geneva Towers,
504 F.2d at 491.