§ 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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To begin with, the flyer, which essentially mirrored the
language of 24 C.F.R. § 982.505(c)(3), is incomprehensible
to anyone without a relatively sophisticated understanding of
the Voucher Program’s payment calculations. It uses the
term “payment standards” six times without ever defining or
explaining the term’s meaning. A short and simple
explanation, such as “this means that the Housing Authority
has reduced the maximum amount it will contribute towards
recipients’ rent,” would have provided at least a small
measure of clarity. The absence of such a minimal statement
is particularly troublesome because, to the ordinary Section
8 beneficiary, the flyer might well suggest that the
beneficiary’s expected rent contribution would decrease. See
ER 117 (“Effective April 2, 2004 the Housing Authority
lowered the payment standards used to determine your
portion of the rent.”). Moreover, the flyer which stated that
the change to the payment standards was “[e]ffective April 2,
2004” was attached to an RE-38 that showed the tenant’s
expected rent contribution for the current year. This could be
confusing to many tenants as that number was unaffected by
the change and could give the impression that the change to
the payment standard would not affect the tenant’s subsidy
amount at all—indeed that his subsidy would be higher than
the lower payment standard should allow.

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