Landlord-Tenant—Section 8—Due Process—Administrative Procedure Act—Citing HUD Regulations, Handbook, Owner's Policies and Common Sense, Court Found That HUD Failed to Afford Notice and Process to Occupant Whose Mother Removed Her From the Family Composition Records

The plaintiff lived in an apartment complex that is “a 'project-based' Section 8…housing development subsidized” by the U.S. Department of Housing and Urban Development (HUD).

In or before 2007, without the plaintiff's knowledge, the plaintiff's mother eliminated the plaintiff from “the household composition forms.” However, the plaintiff continued to live in the apartment. When the mother moved out and the plaintiff sought to take over the lease, the defendants denied the plaintiff's request to continue the Section 8 subsidy, on the grounds that the plaintiff was not a party to the lease. The plaintiff challenged that determination, “alleging violations of the Due Process Clause and the Administrative Procedure Act (APA).” HUD moved for “judgment on the pleadings and summary judgment.” The court granted HUD's motions in part and denied the motions in part.