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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Ernest Brown v. Philadelphia Housing Authority, 350 F.3d 338 (2003)

Citation
Ernest Brown v. Philadelphia Housing Authority, 350 F.3d 338 (2003)
Parent Document
Ernest Brown v. Philadelphia Housing Authority, 350 F.3d 338 (2003)
Effective Date
2003-11-19

Other Sections in This Document (58)

Full Text

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The present action, which commenced with PHA filing the October 15, 2002 motion to vacate the Consent Decree, had its genesis in the action filed by the Browns on October 21, 1972. That Complaint, which was filed as a class action Complaint, alleged that the Browns were tenants of PHA and that PHA had evicted them and other PHA tenants with little, if any, notice and no opportunity for a hearing, all in violation of their due process rights. The Browns alleged that PHA had violated certain HUD Circulars, which gave tenants the right to notice and a grievance hearing before PHA could send lease termination notices.1 They therefore claimed that they were denied due process because they did not receive the necessary notice or grievance procedure before they were evicted. The case was treated by the District Court as a class action, although no class was ever certified. Nor was any motion for certification ever filed.