§ 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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Even construing this declaration in the light most favorable
to the defendants, however, it is insufficient to raise a genuine
issue of fact as to whether the Housing Authority exercised
reasonable efforts to comply with the regulation. The
declaration states that the employee drafts all of his notices in
language that can be understood by a person with an eighth
grade education. This is a conclusion that is belied by the
evidence. The flyer unquestionably does not explain the
meaning and effect of the change in the payment standard in
any terms at all, let alone in terms that can be understood by
a person with an eighth grade education. The employee
admittedly simply took the flyer’s language directly from the
regulation, and the Housing Authority did not offer any
evidence that he took any steps to ensure that the language
would provide any meaningful information about the change
that would advise the average recipient of its meaning or
effect. Nor did the Housing Authority offer any evidence
suggesting that the employee considered alternatives to
merely parroting the regulation, such as, inter alia, defining
payment standard—as did the letters sent to house-hunting
Section 8 beneficiaries and to the public officials.

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