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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 8

Citation
Section 8
Parent Document
Johnson v. Hous. Auth. of Oakland, 250 Cal. Rptr. 3d 686 (2019)
Jurisdiction
California (state)
Effective Date
2019-07-16

Full Text

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On April 24, 2017, the housing authority issued a "proposed termination of section 8 assistance notice" (pre-termination notice) formally notifying Johnson of its intent to terminate her section 8 benefits. The pre-termination notice is a check-the-box type form providing additional space for a narrative description of the conduct on which the proposed termination is based. The housing authority checked the following items as the basis for its proposed termination of Johnson's housing assistance: (1) Johnson failed to supply the housing authority with required information ( 24 C.F.R. §§ 982.552(c)(l)(i), 982.55l(b)); (2) Johnson failed to supply the housing authority with the required eviction notice ( 24 C.F.R. §§ 982.552(c)(l)(i), 982.551(g) ); (3) Johnson committed serious and/or repeated violations of her lease ( 24 C.F.R. §§ 982.552(c)(l)(i), § 982.55l(e)); and (4) Johnson was evicted for committing serious and/or repeated violations of the lease ( 24 C.F.R. § 982.552(b)(2) ). The notice explained, "You violated the family obligations by committing serious and/or repeated violations of your lease agreement, failing to submit the eviction notices within 5 days, and failing to provide additional information necessary to administer the section 8 program." It continued, "You failed to submit the following *611eviction notices to [the housing authority] within 5 days: Unlawful detainer for case #RG 16818543, and the corresponding summons and writ of possession. On 2/9/2017, you were requested to submit the unlawful detainer and all other eviction documentation at the meeting scheduled on 2/21/2017. You failed to submit these requested documents. On 3/15/17 you were again requested *692to submit a copy of the unlawful detainer by 3/29/2017. You did not submit a copy of this eviction notice as required by the participant obligations." The notice advised Johnson that her assistance would terminate effective May 24, 2017 and that she could appeal the decision by making a request for an informal hearing.