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HomeMy WebLinkAbout03-0477THERESA A. MARTIN, Appellant THE HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03- t4 7 ~) CIVIL TERM APPEAL FROM LOCAL AGENCY : DETERMINATION PETITION FOR APPEAL FROM DETERMINATION OF THE HOUSING AUTHORITY OF CUMBERLAND COUNTY TERMINATING APPEIJ,ANT FROM RENTAL ASSISTANCE PROGRAM The appellant, Theresa A. Martin, pursuant to 2 P.S. § 752, hereby appeals from a determination by The Housing Authority of Cumberland County terminating her from the Section 8 Rental Assistance Program. In support of her Petition for Appeal, Appellant avers as follows: 1. The appellant, Theresa A. Martin (hereinafter: "Ms. Martin"), is an adult individual residing at 299 Greason Road, Apartment 2, Carlisle, Cumberland County, Pennsylvania 17013. 2. The respondent, The Housing Authority of the County of Cumberland (hereinafter: "the Housing Authority"), is a local agency within the meaning of the "Local Agency Law," 2 P.S. §§ 551-555, 751-754. Its office is located at 114 North Hanover Street, Suite 104, Carlisle, Cumberland County, Pennsylvania, 17013. 3. Ms. Martin is a participant in the Section 8 Rental Assistance Program, through which the U.S. Department of Housing and Urban Development ("HUD") provides rental assistance to low-income persons. 4. The Housing Authority administers the Section 8 Rental Assistance Program in Cumberland County, Pennsylvania. 5. In a letter to Ms. Martin dated December 17, 2002, Teresa D. Mercer, the respondent's Housing Representative assigned to work with Ms. Martin, informed her that she was being terminated from the Rental Assistance Program effective January 31, 2003, due to alleged violations of Ms. Martin's "family obligations" under the program. A copy of this letter is attached hereto, incorporated by reference and marked as Exhibit "A". 6. Ms. Martin filed a timely appeal from the Housing Authority's decision to terminate her rental assistance, and received a letter dated December 26, 2002, from Carolyn Bair, the Housing Authority's Rental Assistance Program Supervisor, scheduling an informal hearing for January 9, 2003, which was subsequently rescheduled to January 13, 2003. A copy of this letter is attached hereto, incorporated by reference and marked as Exhibit "B". 7. In a written decision from Carolyn Bair dated January 15, 2003, Ms. Martin was informed that the Housing Authority was upholding her termination from the Section 8 Rental Assistance Program, "based on failure to report income changes [to the Housing Authority]." A copy of this decision is attached hereto, incorporated by reference and marked as Exhibit "C". 8. Ms. Martin in fact made numerous attempts to contact her Housing Representative, Teresa Mercer, to report her change in income due to loss of employment. 9. When Ms. Mercer failed to respond, Ms. Martin prepared a letter dated May 28, 2002, informing Ms. Mercer of her loss of employment and income changes, which was delivered to the Housing Authority on or about May 29, 2002, by Ms. Martin's father. A copy of this letter is attached hereto, incorporated by reference and marked as Exhibit "D". 10. After not hearing from Ms. Mercer following delivery of the letter and making additional phone calls to her, Ms. Martin prepared a second letter to the Ms. Mercer dated July 10, 2002, containing Ms. Martin's income and employment information, which Ms. Martin delivered to the Housing Authority on or about that same date. A copy of this letter is attached hereto, incorporated by reference and marked as Exhibit "E". 11. Because Ms. Martin has reported her income changes to the Housing Authority and has otherwise complied with her "family obligations" under the Section 8 Rental Assistance Program, the Housing Authority does not have grounds to terminate her from this program. 12. Ms. Martin and her two children, one of whom is a special needs child, will suffer irreparable harm if Ms. Martin's rental assistance is terminated, in that they will be evicted and become homeless, and Ms. Martin is unable to afford decent housing without rental assistance. 13. The Housing Authority will not suffer irreparable harm if a supersedeas of its decision terminating Ms. Martin from the rental assistance program is granted pending a final order in this matter. 14. The Housing Authority's termination of Ms. Martin from the rental assistance program is an excessively harsh remedy which violates its own Administrative Plan, which provides that, "It is the [Housing Authority's] objective to resolve disputes at the lowest level possible, and to make every effort to avoid the most severe remedies." (Administrative Plan, Pg. 19-5). See Exhibit"F". 15. There is a strong likelihood that Ms. Martin will succeed on the merits in this appeal. WHEREFORE, the appellant respectfully requests that this Honorable Court grant the following relief: A. at the conclusion of the hearing, enter an order reversing the Housing Authority's decision terminating Ms. Martin from the Section 8 Rental Assistance Program; B. Grant a supersedeas of the Housing Authority's decision terminating Ms. Martin from the Section 8 Rental Assistance Program pending final disposition of this matter; Award Ms. Martin such other and further relief as this Court may deem reasonable and just. Date: Pursuant to 2 P.S. § 754, schedule a de novo hearing before the Court and, Respectfully submitted, l~ilip C. Br(ganti Counsel for Appellant MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 VERIFICATION I, Theresa A. Martin, hereby verify that that I have read the foregoing Petition, and that the statements of fact therein are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 P.S. Section 4904, relating to unsworn falsification to authorities. Date: (2k, Theresa ~.. Ma~n Appellant Theresa Martin 299 Greason Road, Apt# 2 Carlisle, PA 17013 HOUSING AUTHORITY OF THE COIJNTY OF CUMI~ERLAND Rental Housing for Families · Rental Housing for Elderly o · Rental Housing for Persons with Special Needs - - Rental Assistance Programs - · First-Time Homebuyer Programs o · Supportive Services/Empowerment Programs o December 17, 2002 Dear Theresa: It is a privilege 'for a family to participate in the Rental Assistance Program and it should be treated respectfully. When the family sibms the Housing Assistance fom~s, they agree to perform all its obligations under the Section 8 Housing Assistance Program. Failure of the family to fulfill its obligations under the lease with the owner will be a basis for termination of Rental Assistance under tbe program, and may be a basis for denying the family the right to participate in the program in the fitture. On J~uly 25, 2002 you. received an eviction notice :from your h'mdlord. Your landlord w°n the eviction and onAugust 28, 2002 1 received a copy of your appeal. It was my understanding that Mr. Meals worked with Legal Services allowing you to stay in the milt as long as you made an effort to move. You are behind four months in your rent, and I have left a message on December 04, 2002 and also on December 12, 2002 trying to follow up with you on a unit you were interested in Newville. You are in violation of your family oblib-ations and will be terminated, effective January 31, 2003. You have the right to appeal this decision. We must receive your written request for an appeal by 4:30 p.m. on December 24, 2002 at the above address. You may fax your appeal letter to tls at our fax number (249-5988). However, you must call to confirm that we have received your fax. If you have any questions, please call our office Monday through Friday, between 8:30 a.m. and 4:30 p.m. at 249-1315, 697-7703, or 532- 8805. Sincerely, TIlE HOUSING AUTHORITY OF /fa~a D. Mercer ttousing R~resentative SERVING CUMBERLAND COUNTY SINCE 1975 114 Iq. HANOVER ST. - STE. 104 · CARLISLE PA 17013-2445 TeleplmnefPDY (717) 24.~1315 ·(717) {}97-7703 o (7~7) 532-Sfl05 · I~x(717) 249-5988 · E~mail: mail@cobra.corn - www. u~hra.com Ex ,g r' ,,/. HOUSING AUTHORITY OF ~ COUNTY OF CUMI~ERI,AND · Rental Housing for Families · Rental Housing for Elderly · · Rental Housing for Persons with Special Needs · · Rental Assistance Programs * · First-Time Homebuyer Programs * · Supportive Services/Empowerment Programs · December 26, 2002 Theresa A. Martin 299 Greason Road, Apt. #2 Carlisle, PA 17013 Dear Ms. Martin: We have received your request for an informal hearing on your termination from the Section 8 Rental Assistance Program. The basis for this termination is information indicating that you were evicted from your unit. In an agreement between you and your landlord handled by Legal Services you were allowed to stay in the unit as long as you made an effort to locate other housing. You apparently are four months behind in rent. Your caseworker has been trying to contact you since December 4, 2002, and you did not return her phone calls. We also have information that you did not report that you are no longer working at Giant: This hearing will be held on Thursday, January 9, 2003, at 9:30 a.m. in our office at 114 North Hanover Street, Carlisle, PA. You have the right to bring evidence, witnesses, legal or other representation at your expense to this hearing. You also have the right to view any documents or evidence in the possession of the Housing Authority upon which the Housing Authority based the termination and, at your expense, to obtain a copy of such documents prior to the bearing. We also request a copy of any document or evidence you will use at this hearing be provided to our office at the conclusion of this hearing for our review. If this date and time do not suit you, please contact me immediately to reschedule. Failure to appear at this hearing or to reschedule the hearing within twenty- four (24) hours of the hearing date will result in your forfeiting your right to appeal this termination. Sincerely, THE. HOUSING AUTHORITY OF ' .: -THE COUNTY OF CUMBERLAND Carolyn E. Bait Rental Assistance Program Supervisor SERVING CUMBERLAND COUNTY SINCE 1975 114 iN. HANOVER ST. - STE. 104 · CARLISLE PA 17013-2445 Telephonefl'DY (717) 249-1315 · (717) 697-7703 · (717) 532-8805 · Fax(?lT) 249-5968 · F-,-mail: mail@cchra.com · ww~.¢chra.com HOUSING AUTHORITY OF THE COUNTY OF CUM~EPJ_~kND · Rental Housing for Families · Rental Rousing for Elderly · · Rental Housing for Persons with Special Needs · · Rental Assistance Programs · · First-Time Homebuyer Programs · · Supportive Servlces/Empowerment Programs · Januaw 15,2003 Theresa Martin 299 Greason Road, Apt. #2 Carlisle, PA 17013 Dear Ms. Martin: On Monday, January 13, 2003, an informal hearing was held on your termination from the Section 8 Rental Assistance Program. At this hearing we addressed two issues: your reported failure to pay rent to your landlord and your failure to notify us of your change in employment. You provided proof that you have been paying your rent into escrow at the Cumberland County Prothonotary's Office. You also submitted two letters that you said were provided to our office to report your change in employment. These letters were to have been hand-carried to our office. However, there are no copies of these letters in your file. You told me that you left several voice mail messages for your caseworker and also with the receptionist. I have reviewed this information and also the voice mail records here. There is no record of your having left any messages with either your caseworker or tile receptionist. In reviewing your file, there has been a pattern of not reporting income changes to us. Therefore, I am upholding your termination from the program based on failure to report income changes to us. Your rental assistance will end effective January 31,2003. Because of this termination, you are riot eligible to reapply for the program until February 1, 2004. Sincerely, THE HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND Carolyn E. Bair Rental Assistance Program Supervisor cc: O & O Rentals Philip Briganti SERVING CUMBERLAND COUNTY SINCE 1975 114 N. I-IANOVER ST. - STE. 104 · CARLISLE PA 17013-2445 Telephone/TDY (717) 249.1315 · (717) 697-7703 · (717) 532-8805 · Fax(T17) 249-5988 · E-mail: mafl@cchra.com Monday, May 28, 2002 DAER MRS.MERCER, I HAVE,CALLED SEVERAL TIMES AND HAVN'T HEARD ANYTHING BACK. AGAGIN THE SECRATARY THAT ANSWERED THE PHONE PUT ME ON HOLD AND SAID YOU WASN'T IN. I HAVE LEFT SEVERAL VOICE . HOURS HAD BEEN CUT AT GIANT FOOD STORE. WHEN I ASKED ABOUT IT ,I WAS TOLD IT JUST THE TIME OF YEAR. NOW I DON'T HAVE A BABYSITTER FOR MY CHILDREN. SO I HAVE REQUESTED TIME OFF IN THE REQUEST OFF BOOK .I STILL GET FOODSTAMPS AND MEDICAL FOR ME AND MY CHILDREN. ALSO STILL RECIEVE PARTLY UNEMPLOYMENT COMPINSATION ,FOR THE LOW HOURS I RECEIVED, SO I DON'T HAVE TO FILE FOR CASH ASST. IT STILL THE SAME, $354 EVERY TWO WEEKS ($177. A WEEK IS WHAT IT EGUALS OUT, BUT IS ONLY SENT EVERY TWO WEEKS) ANY QUESTIONS PLEASE GIVE ME A CALL 717-218~922. THANK YOU FOR YOUR TIME. ~, / SINCEREL(~. // .ac MARTIN 299 GREASON RD UNIT#2 CARLISLE PA,17013 Wednesday, July 10, 2002 DEAR MRS.MERCER I HAVE CALLED AND HEARD NOTHIGN YET,I'M SORRY IF I'M IMPATIENT~BUT I AM WRITING TO INFORM YOU THAT I HAVE RECEIVED A NOTICE GIANT FOOD STORE THAT I WAS DIMISSED FROM MY JOB. I HAD FILLED OUT THE REQUESTS FOR TIME OFF.AND WAS NOT INFORMED MY THEM UNTIL NOW ,THAT IF YOU DON'T WORK THREE CONSETIVE WEEKS IT'S AUTOMACTIC. I STILL RECEVlE FOODSTAMP AND MEDICAL AND UNEMPLOYEMENT FOR MYSELF AND MY FAMILY. COULD YOU PLEASE GIVE ME A CALL. 717-218-8922. THANK YOU FOR YOUR TIME. 299 GREASON RD CARLISLE PA,17013 Procedure for Hearin~ A request for an Informal Hearing must be received in writing by the close of business, no later than 5 business days from the date of the H.A's notification of termination of'assistance. The Informal Hearing will be scheduled within 10 business days from the date the request is received. Notification of Hearing It is the PHA's objective to resolve disputes at the lowest level possible, and to make every effort to avoid the most severe remedies. However, if this is not possible, the PHA will ensure that applicants and participants will receive all of the protections and rights afforded by the law and the regulations. When the PHA receives a request for an informal hearing, a hearing shall be scheduled within 10 business days. The notification of hearing will contain: The date and time of the hearing The location where the hearing will be held The family's right to bring evidence, witnesses, legal or other representation at the family's expense The right to view any documents or evidence in the possession of the PHA upon which the PHA based the proposed action and, at the family's expense, to obtain a copy of such documents prior to the hearing. A notice to the family that the PHA will request a copy of any documents or evidence the family will use at the hearing. The PHA's Hearing Procedures Ifa family does not appear at a scheduled hearing and has not rescheduled the hearing in advance, the family must contact the PHA within 24 hours, excluding weekends and holidays. The PHA will reschedule the hearing only if the family can show good cause for the failure to appear. .. Families have the right to: Present written or oral objections to the PHA's determination. Examine the documents in the file which are the basis for the PHA's action, and all documents submitted to the Hearing Officer; Copyright [ 999 by Nan McKay & Assoc atcs 19-5 _/~)c P/ / /~ / T- "la'" 10/01/01 AdminPlan THERESA A. MARTIN, Appellant THE HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND, Respondent : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03- q '/"/ CIVIL TERM APPEAL FROM LOCAL AGENCY : DETERMINATION PRAECIPE TO PROCEED IN FORMA PAUPERIg To the Prothonotary: Kindly allow the defendant, Theresa A. Martin, to proceed in forma pauperis. I, Philip C. Briganti, Esquire, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. Date: Philip C. B~gan~i ~ Attorney for Appellant MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 dAN 3 0 003 THERESA A. MARTIN, Appellant V. THE HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03- ~/? '7 CIVIL TERM : : APPEAL FROM LOCAL AGENCY : DETERMINATION AND NOW, this day o upon consideration of the Petition for Appeal filed in the above-captioned matter, it is hereby ORDERED that: 1. A de novo hearing to determine whether Appellant should be terminated from the Section 8 Rental Assistance Program is scheduled for the / f Vte'Jday of ~/~J, 2003, at /0 d 30/~m., in Courtroom No. ~_'3 of the Cumberland County Courthouse. 2. A supersedeas of Respondent's decision terminating Appellant from the Section 8 Rental Assistance Program is granted pending a final disposition in this matter. BY THE COURT, THERESA A. MARTIN, Appellant Vo THE HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND, Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03- 4/ 7 7 CIVIL TERM : APPEAL FROM LOCAL AGENCY : DETERMINATION ACCEPTANCE OF SERVICE On behalf of The Housing Authority of Cumberland County, I accept service of the Petition for Appeal from Determination of The Housing Authority of Cumberland County 'Terminating Appellant from Rental Assistance Program, and of the Order entered on February 4, 2003, and certify that I am authorized to do so. Date Christopher C. Houston, Esquire The Housing Authority of Cumberland County 114 N. Hm~over Street, Suite 104 Carlisle, PA 17013 THERESA A. MARTIN, Appellant Vo THE HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND, Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 03- 477 CIVIL TERM : APPEAL FROM LOCAL AGENCY : DETERMINATION ORDER AND NOW, this~(~ day ofMarch, 2003, upon consideration ofarequest for continuance by Appellant's counsel, and the concurrence of Respondent's counsel, it is hereby ORDERED that: 1. The de novo hearing to determine whether Appellant should be terminated from the Section 8 Rental Assistance Program, originally scheduled for March 19, 2003, at 10:30 a.m., is continued to April 25, 2003, at 9:30 a.m., in Courtroom No. 3 of the Cumberland County Courthouse. 2. A supersedeas of Respondent's decision terminating Appellant from the Section 8 Rental Assistance Program is granted pending a final disposition in this matter. BY THE COURT, Philip C. Briganti, Esq. Counsel for Appellant Christopher C. Houston, Esq. Counsel for Respondent THERESA A. MARTIN, Appellant V HOUSING AUTHORITY OF CUMBERLAND COUNTY, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTy, PENNSYLVANIA CIVIL ACTION - LAW 03-0477 CIVIL QRDER OF COURT AND NOW, April 25, 2003, after hearing and consideration of the testimony presented, and the Court having heard partial argument on the case, the Court does direct that counsel shall furnish to the Court proposed Findings of Fact and Conclusions of Law dealing with all aspects of their cases. Authority,s counsel shall furnish such a document to the court by two weeks from today,s date, and the appellant shall respond within one week of receiving the Authority,s Findings of Fact and Conclusions. Conclusions of Law shall be supported in the brief with citations of cases where necessary. By the Court, p.j. Philip Briganti, Esquire ,~idPenn Legal Services, Inc For the Appellant ' /hristopher C. Houston, Esquire For the Appellee :mtf THERESA A. MARTIN Appellant THE HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND Respondent : IN THE COURT OF COMMON : PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA · NO. 03-0477 CIVIL TERM : APPEAL FROM LOCAL AGENCY · DETERMINATION IN RE: PETITION FOR APPEAL FROM LOCAL AGENCY DETERMINATION i~.RDER.~.OI: COURT AND NOW, this__~ day of ~~, !003, upon a Petition for Appeal from Determination of the Housing Authority Cumberland County Terminating Appellant from Rental Assistance Program and after a hearing de novo, it is hereby ORDERED that the decision of the Housing Authority of Cumberland County terminating Theresa A. Martin from the Section 8 Housing Choice Voucher Program is REVERSED, and that the Housing Authority of Cumberland County shall permit her to continue participating in the program. Pamela Smith, Esquire Counsel for Ms. Martin, Appellant MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 Christopher C. Houston, Esquire Counsel for Housing Authority of theI County of Cumberland, RespondentJ 114 N. Hanover Street ,/ Carlisle, PA 17013 // THERESA A. MARTIN Appellant THE HOUSING AUTHORITY OF THE COUNTY OF CUMBERLAND RespOndent : IN THE COURT OF COMMON : PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : NO. 03-0477 CIVIL TERM : APPEAL FROM LOCAL AGENCY : DETERMINATION IN RE: PETITION FOR APPEAL FROM LOCAL AGENCY DETERMINATION Hoffer, P.J.: Before the Court is the Petition for Appeal from Determination of the Housing Authority of the County of Cumberland Terminating Appellant from the Rental Assistance Program. A hearing de novo was held. The appellant, Ms. Martin, avers that she complied with the obligations of the Program and should not be terminated from the Section 8 Housing Choice Voucher Program. In response, the Housing Authority contends that Ms. Martin was lawfully terminated from the Program due to her failure to comply with such obligations. STATEMENT OF FACTS The Housing Authority of Cumberland County administers the Section 8 Housing Choice Voucher Program, which is a rental assistance program created by the United States Department of Housing and Urban Development (HUD) to provide housing for Iow income persons. The program is administered by the Housing Authority in accordance with HUD regulations. Those who participate in the program agree to perform certain obligations in exchange for the receipt of rental assistance. Families that are admitted must comply with the "family obligations" which are defined by federal regulations? Included in the obligations, a participant must notify the Authority of all changes in family income within fourteen (14) calendar days of the change, with "income changes" to include a change in jobs, increase in pay, and job layoffs. The appellant, Theresa A. Martin, has been a participant in the Program for approximately ten and one-half years. Each year, Martin signed a Section 8 Housing Assistance Family Obligations Form advising her that her failure to supply requested information within fourteen (14) days will result in termination of assistance. The Authority took action to terminate the Appellant from the Program due to the Appellant's violation of the applicable aforementioned "family obligations." The Appellant's termination from the Program has been appealed to this court pursuant to the Local Agency Law at 2 P.S. Sections 551-555,751-754.2 Martin was notified by the Authority through letters dated June 11, 1996, December 16, 1998, September 20, 1999, and February 5, 2001 of her failure to provide necessary income verification. The Authority argues that Martin failed to notify the Authority of a change in employment that occurred in April 2001. The Authority also argues that Martin failed to notify the Authority of the termination of See 24 CFR 982.551. The applicable federal regulations pertaining to the Program may be found at 24 CFR 982, et seq. 2 her employment at Giant Food Store in May 2002. On December 17, 2002, the Authority mailed a Termination of Assistance letter to Martin advising her that the basis for the termination was the failure to pay rent and the fact that Martin was being evicted. Martin appealed the decision of termination of assistance. Subsequent to the mailing of the Termination of Assistance letter, the Authority did learn from Giant that Martin had last worked at Giant in May 2002. Martin was then advised of the scheduling of her informal hearing on the appeal and was given written notification that, in addition to the failure to pay rent issue, the matter of the failure to report the change in employment would also be addressed at the informal hearing. Martin, who was represented by counsel at the informal hearing, provided evidence of letters dated May 28, 20023 and July 10, 2002 from Martin to her Authority caseworker advising of the change in employment in May 2002. The Authority claims that the letters were not received by the Authority or the Authority caseworker. Martin also avers that between May 22, 20024 and May 28, 2002, Ms. Martin called the Housing Authority in an effort to advise the Authority that she 3 At Ms. Martin's request, on May 28, 2002 or May 29, 2002, her father delivered to the Housing Authority a letter addressed to her Authority caseworker dated May 28, 2002. The letter informed the Authority that Ms. Martin was no longer working at Giant. The date Martin's employment ended at Giant grocery store. was no longer employed at Giant. Martin asserts that when she called the Authority to report her change in job status, she was told that her caseworker was unavailable. The Authority claims that the case file on Martin contains all written communications received from and mailed to Martin. The Authority also claims that its case file on Martin contains a record of all verbal communications made between Martin and her Authority case worker, and that there is no record of any phone messages from Martin. However, Ms. Martin states that she left several telephone messages and voice mails requesting that her caseworker return her calls. Ms. Martin's caseworker failed to respond to any of Ms. Martin's telephone messages or voice mails. DISCUSSION The issue before the Court is whether the Authority established that Ms. Martin has failed to comply with the family obligations. The burden of proof in civil matters is measured by a preponderance of the evidence.5 As evidence supporting the claims made by each party is of equal weight, the Authority did not prove its case by a preponderance of the evidence and therefore failed to carry its burden. Furthermore, it seems that by its own policies, the Housing Authority should have employed a less severe remedy before resorting to termination. The Housing Authority has adopted an Administrative Plan stating that it is the 5 See Se-Lin.q Hosiery v. Marquiles, 70 A.2d 854, (Pa. 1950) (stating the evidence offered by the burdened party does not become proof until it preponderates in evidentiary weight against the evidence of the opposing party). 4 Housing Authority's "objective to resolve disputes at the lowest level possible, and to make every effort to avoid the most severe remedies? There is no indication that the Housing Authority made any efforts to resolve this dispute through a remedy less severe than termination from the Program. in addition, the Housing Authority's Administrative Plan provides that "the presence of a disability may be considered as a mitigating circumstance during the informal review process.''7 Before deciding to terminate Ms. Martin from the Program, the Authority could have reflected on Ms. Martin's inability to work due to a serious heart condition, carpal tunnel syndrome and other ailments. Moreover, the Authority could have considered the fact that one of Ms. Martin's children is a special needs child who could suffer irreparable harm if rental assistance is terminated. CONCLUSION Because the Authority's evidence did not rise to a level sufficient to sustain termination of Ms. Martin from the Housing Choice Voucher Program, the Authority's decision is reversed. As a result, Ms. Martin may continue participating in the Program. 6 Appellant Exhibit 1. Administrative Plan, Chapter 19, Section D, p. 19-5. 7 Appellant Exhibit 1. Administrative Plan, Chapter 19, Section F, p. 19-8.