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pertinent information (i.e., constructive notice) combined with the housing authority’s
assertion that he or she in fact exercised that opportunity, at which time it provided oral
notice. Thus, an ‘actual notice’ exception would not adequately protect a section 8
recipient’s property right in his or her benefits.” (Id. at pp. 744-745.)
Assuming that Driver is correct that the Goldberg system of notice fails to comply
with the federal regulation because there is no written record of the oral consultation, the
written meeting summary provided in this case resolves that concern. In Driver, there
were “no records of the administrative proceedings . . . from which to ascertain how
much the plaintiffs knew about the claims against them.” (Driver, supra, 289 Wis.2d at
p. 744.) Here, the summary provides a written record of the consultation and sets forth
the factual basis for the lease violations relied on by the housing agency in terminating
her from the program. The summary was drafted and appears to have been mailed to
Johnson more than a month before the pre-termination notice. The summary coupled with
the pre-termination notice was sufficient to enable Johnson to prepare her defense.2 (See
Rosen v. Goetz (6th Cir. 2005) 410 F.3d 919, 931 [“Due process does not require
‘reasonably calculated’ notice to come in just one letter, as opposed to two.”].)
Accordingly, Johnson was given sufficient notice of these grounds for termination
of her benefits: she failed to supply the housing authority with required eviction notice;
she committed serious and/or repeated violations of her lease; and she was evicted for
committing serious and/or repeated violations of the lease. 3. Adequacy of the written decision