§ 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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In sum, the district court erred by granting summary
judgment to the Housing Authority. There is no genuine
dispute of fact as to whether the Housing Authority failed to
provide meaningful information to Section 8 beneficiaries
about the change to the payment standard and the effect of
that change upon the beneficiaries and their property
interests. That failure violated both the requirements of the
Voucher Program regulations and the requirements of
procedural due process. It also resulted in a violation of two
state statutes which require public entities to take reasonable
efforts to comply with the mandatory duties established by
federal regulations. Accordingly, we reverse and remand
with instructions for the district court to enter summary
judgment in favor of the plaintiffs on the merits of the federal
and state law claims at issue on this appeal. In order to
preserve the appearance of justice, we order the case
reassigned to a different district judge—a judge other than the
two identified by the current district judge who himself has
declined to hear the case further. On remand, further factual
development may be needed to determine the size and
validity of plaintiffs’ class and to determine the appropriate
remedy. REVERSED AND REMANDED.
48   NOZZI V. HACLA APPENDIX A

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