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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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Additionally, the Housing Authority’s reliance on the
training sessions and the public outreach meetings fails to
raise a genuine issue of material fact appropriate for
resolution by a jury. The meetings it held could not, as a
matter of law, have been sufficient to afford the plaintiffs the
notice that due process requires. The training sessions when
beneficiaries first entered the program provided relatively
minimal information on the meaning of “payment standard,”
and this information was provided months or years before the
flyer was sent. Thus, the training sessions cannot have served
to ensure that the confusing and inadequate flyer was
“reasonably certain” to “actually inform” the average
beneficiary that he had one year in which to plan for a
potential reduction to his benefits. Because there are no
genuine issues of material fact as to whether the Housing
Authority complied with the requirements of due process, we
remand with instructions to the district court to grant
40                    NOZZI V. HACLA