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TAMMY BOYD.
Appellant
IN THE COURT OE COMMOIJ PLEAS OF
v,
c:tJMBERI.Arm COIHITY, PENNSYlVANIA
THE HOUSING AUTHORITY OF
CUMBERLAND COUNTY.
Respondent
NO. 98- k1,~.3
r.r V lL TERM
APPEAL FROM LOCAL AGENCY
DETERMINATION
ORDER
AND NOW. this
J
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day of November. 1998. upon
consideration of the Petition for Appeal flIed in the above-
captioned matter, it is hereby ORDERED as follows:
1. A Rule is issued upon Respondent to show cause, within
twenty (20) days of service of this Order and the attached
Petition, why it should not be required to conduct an informal
hearing before determining whether Appellant should be terminated
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from the Section 8 Moderate Rehabilitation Program.
2. A supersedeas of Respondent's decision terminating
Appellant from the Section 8 Moderate Rehabilitation Program is
granted pending a final diSPosition, iLnthis mattel'r, (~c:. ,c:.,,-1::'7~.J
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Philip C. Briganti, Esquire
Counsel for Appellant
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Christopher C. Houston, Esquire
Counsel for Respondent
for seeIng that the HousIng Autnor,tv cO~ll .en wIth aopl lcable
laws and regulat.lons, He,' "ff.ce IS lncilUHj at 114 N. Hanover
Street. Carl.sle, Cumberlanrl Count.y, Pennsylva'lla.
5. Ms, Boyd 1S a partIcipant. 1n t.he Section 8 Moderate
Rehabilitation Program. through which the U,S. Department of
Housing and Urban Development. ("HUD") provides rental assistance
to low-income persons,
6. The Housing Authority administers the Section 8 Moderate
Rehabilitation Program in Cumberland County, Pennsylvania.
7. On October 8, 1998. Bette Newcomer, a Housing
Representative at the Housing AuthorIty. mailed Ms. Boyd a letter
of that same date indicating that her rental assistance was being
terminated effective November 30, 1998, because the Housing
Authority believed that someone was living at her residence "in
violation of [her] lease and family obligations," This letter
also stated as follows: "You have the right to appeal this
decision within five (5) days from the date of this letter, To
appeal, you must write to this (sic) at the above address."
(Bolding in original). A copy of this letter is attached hereto,
incorporated by reference and marked as Exhibit "A."
8. Ms. Boyd did not have anyone living with her and was not
in violation of her lease or family obligations.
9. Ms. Boyd, who had been away on an out-of-state trip, did
not return home or read the letter until approximately 9:30 p,m.
on October 12, 1998,
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10. Tho next mornIng, October 13, 1998, concerned that her
appeal deadl1fHl woulc1 oxplnl, Ms. Boyd telephoned Ms. Newcomer
and indlcated that she dIsagreed with the Housing Authority's
decision and wished to appeal. Ms. Newcomer told her that she
actually had five busines~ days to appeal, that she had to appeal
by October 15, 1998, and that the appeal had to be in writing.
11. Ms. Boyd. in reliance on the letter dated October 8,
1998, and her conversation with Ms. Newcomer, mailed a letter to
the Housing Authority on October 15, 1998, indicating that she
was appealing the Housing Authority's decision terminating her
rental assistance.
12. The Housing Authority received Ms, Boyd's appeal letter
on October 16, 1998, but, in a letter of that same date from
Yvonne Heckler, the Housing Authority's Rental Assistance
Supervisor, rejected the appeal on the ground that it was not
received by the Housing Authority in a timely manner. The letter
further affirmed the decision terminatin9 Ms. Boyd from the
rental assistance program effective November 30, 1998. A copy of
Ms. Heckler's letter is attached hereto, incorporated by
reference and marked as Exhibit "B."
13. Pursuant to 24 C.F.R. ~ 882.514(f), families who are
determined by the Housing Authority to no 10nger be eligible for
the Moderate Rehabilitation Program must be informed of this
determination by letter, which "shall state that the Family has
the right within a reasonable time (specified in the letter) to
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request an 1nformal heBrlng.- (emohasls added).
14. Pursuant to the HousIng Authorltv's own Informal
HearIng procodures, whIch ilro lncorporatlld 1n1.0 Its
AdmInistrative Plan as requIred by 24 C,F.R. ~ 982.555(e)(I), the
Housing AuthorIty "must always provide the opportunity for an
i nforma 1 hear i ng before termi na t i on of ass i stance."' (Pg. 19-4).
A copy of the Housing AuthorIty's Informal Hearing Procedures, as
set forth in its Administrative Plan, is attached hereto,
incorporated by reference and marked as Exhibit "'C."'
15. The Administrative Plan requires that when the Housing
Authority makes a decision to terminate assistance, the
participant must be notified in writing of the procedures for
requesting a hearing and of the time limit for requesting the
hearing. (Pg. 19-4l. The Administrative Plan states that "'[i]t
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."' (Pg. 19-6). See Exhibit "'C."'
16. Pursuant to the Local Agency Law, 2 P,S. 6 553, "'No
adjudication of a local agency shall be valid as to any party
unless he shall have been afforded reasonable notice of a hearing
and an opportunity to be heard."'
17. Ms. Boyd's appeal ~o the Housing Authority was filed in
a timely manner and she was improperly denied an informal hearing
because:
a. Her letter appealing the Housing Authority's decision
was ma,iJed on October 15, 1991l, w1th1n flYe bUS1ness days of the
date of the termlnation notIce, 1n compl1ance wlth the Houslng
Authority's letter dated October 8, 1998.
b. Her letter appealing the Housing Authorlty's decision
was recejve~ by the Housing Authority on October 16, 1998, which
was within five business days of the termination notice dated
October 8, 1998, due to the Columbus Day holiday on October 12,
1998,
c, The letter from Bette Newcomer dated October 8, 1998,
did not properly or clearly set forth the procedure for appealing
the Housing Authority's decision, and any ambiguity should be
construed in favor of Ms. Boyd.
18. The Housing Authority's five-day deadline to appeal its
decisions to terminate rental assistance is so short as to
~ 1983, The United States Housing Act, 24 C.F.R, ~ 982.554(f), 2
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deprive Ms. Boyd and other participants in the Moderate
Rehabilitation Program of rental assistance without a reasonable
opportunity to be heard, in violation of her due process rights
under the United States and Pennsylvania Constitutions, 42 U.S.C.
19. There is a strong likelihood that Ms. Boyd will succeed
P.S. ~ 553, and the Housing Authority's Administrative Plan.
on the merits of her claim,
20. Ms. Boyd and her daughter will suffer irreparable harm
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if her rental assistance is terminated, in that they will become
homeless and unable to afford decent housing, and it would be in
the publ1C 1nterest to contlnue the1r rental ass1stance pending a
final order in thIs matter.
21. The respondents w11 I not suffer 1rreparable harm if a
supersedeas of their decision term1nating Ms. Boyd from the
rental assistance program 1S granted pending a final order in
this matter.
22. Appellant's counsel sought the concurrence of the
Housing Authority's attorney with respect to conducting an
informal hearing, which request was not granted.
WHEREFORE, the appellant respectfully requests that this
Honorable Court grant the following relief:
A. Enter a rule upon th9 Respondent to show cause why it
should not be required to conduct an informal hearing before
determining whether to terminate appellant from the Section 8
Moderate Rehabilitation Program;
B. In the alternative, pursuant to 2 P.S. ~ 754, schedule a
de novo hearing before this Court and, at the conclusion of the
hearing, enter an order reversing the Housing Authority's
decision terminating Appellant from the Section 8 Moderate
Rehabilitation Program;
C. Grant a supersedeas of the Housing Authority's decision
terminating Appellant from the Section 8 Moderate Rehabilitation
Program pending a final disposition in this matter;
D. Award Appellant such other and further relief as this
VERIFICATION
The above-named appellant, Tammy Boyd, verIfIes that the
statements set forth In the foregoIng PetItion are true and
correct, Appellant understands that false statements herein are
made sUbject to the penalties of 18 P,S. ~4904, relating to
unsworn falsification to authorities.
Date: _~~OJL_~_'2L_
_ riJ m rrv-Ipff?r.r;;,g.
T~~ Boyd, Appellant
HOUSING AUTHORITY
OF CUMBERLAND COUNTY
114 N, HANOVER ST. . sn;, 104
CARUSLE. PA 17013.2445
Telephone/TDY 17171249.1315
897.7703
532.8805
FAX 249-4071
October 8, 1998
. REm'AL HOUSING FOR FMl1UES
. RENTAL HOUSING FOR ELDERLY
. REm'AL HOUSING FOR PERSONS
wrrn SPECIAL NEEDS
. RENTALASSISTANCE PROORAMS
. F11lST-lIME HOMEBUYER PROGRAMS
. SuPPORllVE SERVlCES/EMPOWERMEm'
PROGRAMS
Tammy Boyd
319 Third St., #1
Wesl Fairview, P A 17025
Dear Tammy:
On September 23, 1998, we spoke on the 1elephone and 1 asked you if Kelly Wildeman was
living in your unit at that time you told me she was not. I also asked if Kelly's was receiving mail at
your unit and you told me she was receiving something from the Library. I told you if I did a post office
check and Kelly was receiving mail at your unit. you would be terminated from the program, You told
me you were going to go to the post office that day (Sept. 23) and have this problem corrected. I also
requested Kelly's current address and you informed il was 12 S, Front St, Wormleysburg, I told you I
would be verifying all this information through the post office,
On September 28,1998, post office verifications were mailed 10 the post office in West Fairview
and Wormleysburg 10 verify the information you gave me. I have received documentation from the post
office verifYing Kelly Wildeman is receiving mail al your address and the address you lold me was
Kelly's has been vacated and no forwarding address has been given.
Based on Ihis information, it has been concluded that Kelly Wildeman is living al your residence
and you are in violation of your lease and family obligations, Effective November 30, 1998 you will be
terminated from the Section 8 Rental Assistance Program, Since you are in a Mod Rehab unit, you will
need to vacate your unit by this date.
You have the right to appeal this decision within live (5) days from the date of this letter.
To appeal, you must write to this at the above address, 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,
THE HOUSING AUTHORITY OF
OUNTY OF CUMBERLAND
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Belle Newcom ~
Housing Representative
cc: W,c. Smith, Landlord
Yvonne Heckler, RAP Supervisor
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HOUSING AUTHORITY
OF CUMBERLAND COUNTY
114 N, HANOVER ST, . sre. 104
CARlJSLE. PA 17013.2445
Telephonetroy 1717) 249.1315
697.7703
532.8805
FAX 249-4071
. RENJ'AL /lOUSINO FOR FAMIUES
. RENJ'AL /lOUSINO FOR ELDERLY
. RENJ'AL /lOUSINO FOR PERSONS
WTnI SPECIAL NEEDS
. RENJ'AL ASSISTANCE PROORAM8
. f1RST.nME /lOMEBUYER PROORAMS
. SUPPOR'I1VE SERVlCES/EMPOWERMENJ'
PROGRAMS
October 16, 1998
Ms. Tammy Boyd
319 Third Street
Apt. #1
West Fairview, PA 17025
Dear Ms. Boyd:
I am in receipt of your letter requesting an appeal of our decision to tenninate your
rental assistance, However, the time alloned to submit this appeal has expired,
A review of your file indicates a letter was mailed to you on October 8, 1998 giving
you notice that any appeal of our decision had to be submitted within five (5) days of the
date of the letter, It is also noted in your tile that you telephoned your caseworker, Bette
Newcomer on October 13, 1998 to ask about this appeal. She indicated to you that you
had until the close (If business on October 15, 19'18 to submit this appeal in writing.
Your appeal was not received until today's date, October 16, 1998.
Based on the above, your tennination from our rental as,istance program will bc
effective November .10, l'),/M as starec in your (wer (It U~tc~cr M, 19'18, It will be
necessary tor you to vacate your apartment by that date.
Sincerely,
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Yvonne Heckler
Rental Assistance Program Supel'\'isor
cc: W,c, Smith
Bette Newcomer
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D. ~"FOR.\1:AL HEA..~"lG PROCEDl1lU!:S [24 CFR 982..555 (a-O. 982,S4(tl)(\~)]
When the HA makes a decision regarcllng the eligibility aIldlor the amoW1t of assistallce.
appllcallts ancl participants must be notified iI1 writing, The HA will give the family prompt
notice of such detennil1atiollS which will include;
The proposed action or decision of the HA:
The etate the proposed action or decision will take place:
The familY's right to an explanation of the basis for the HA's decision.
The procedures for requesting a hearil1g If the family disputes the action or decisior.;
The tillle limit for requesting the hearing.
The HA must provide participants with tl1e opponunity for an Informal Hearing for declsiollS
relau:<l to any of the following HA determinaliollS:
1. Determination of the family's aIIIlual Or adjusted iI1come and the computation of
the housing 25sistance paytllent
2. Appropriate utility a1lowallc~ used from schedule
3, Family unit size determil1ation Utlder HA subsidy standards
4. Determination that Certificate program family is underoccupied in their current
unit and a request for exception is denied
S. Determination to terminate assistance for allY reason.
6. Determination to terminate a family's FSS Contract, ....ithhold supportive
services. or propose forfeiture of the family's escrow accOW1t.
The HA must always provided the opportWlity for an informal hearing before termination of
assistance.
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3/1197 AclminPlan
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, . "-rDfon:aal-flear1:lgs are nOI reqwred for esliClIslled policies and pnic'cdwes and HA"-..,. I~ T, ..'
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OecwLl policy issU~5 orcla.s. 9 {,lI.\1mces
Estob ~~~.m~l!t of !he :-iA schedule of ulility allowances for families in the
progr:w
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All. HA deler:nination not to approve an extension or suspcns10n of a certificate
or voucher Ie:"'!;. ,,' ;. I
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S. An HA delerm;n~riol,1 not to approve a unit or lease
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6. An HA determination rhat an assisted unit is IUlt in comptiance with HQS (HA
must provide hearing for family breach. of HQS beca1ue that is a family
obligation determinacion) :....'..'.. '.'. '. ..,.,
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7. An HA delermination that the unit is not inaccordlmce ~th HQS because of the
family size
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8. All. HA detcn:ainal:lon to exercise or nOt' exercise. any tiiht or remedy against the
owner under a HAP contract . " ;~;i ',"'. .';
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3/1/97 AdmioPlan
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t1D.tifir~"inn ot!iea ring
It is me I1A's objective :0 resolve disputes at the lowest level possible, and to make eveI}'
-ffol" .., aV" :1 the most sever: remedies. However, If thls is not possible, the HA will ensure
that applicants and panicipants will receive all of the protections and nghts affOrded by the law
and the regulatious.
\\'hen the HA receIves a request for an f.ofOltllal hearing. a hearing shall be scbeduled wlthio
AU days. The notification of hearing will contain:
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The date and time of the hearing
2,
The Jocadon where the hearing will be held
3. The famUy's right to bring evidence, wlmesses, legal or other representation at
the family's expense
4. The right to view any documents or evidence in the possession of the HA upon
which the HA based the proposed action and. at the family's expense. to obtain
a copy of such documents prior to the hearing.
S. A notice to the family that the HA will request a copy of any documents or
evidence the family will use at the hearing,
The HA'5 Hearinl! Procedures
If a famlly does not appear at a scheduled hearing and has not rescheduled the hearing in
advance, the family must contact the HA within 24 hours, excluding weekends and
holidays. The HA will reschedule the hearing only if the family ClIO show good cause for
the failure to appear.
Families have the right to:
Present written or oral objections to the HA' s determination.
Examine the documents in the tile which are the basis for the HA' s action. and all
documents SUbmitted to the Hearing Officer:
Copy any relevant documents at their expense:
Present any information or wimesses pertinent to the issue of the hearing:
3/1/97 AdmlnPlan
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,Request that i-1A staB be available or preseot at the heartng to answer questions
pertineot to the case; and
Be represented by legal counsel. advocate. or other designated representative at their
own expense.
III addition to other nghes contained in this Chapter, the HA has a right to:
Present evidence and any infonnation pertinent to the issue of the hearing;
Be notified if the family intends to be represented by legal counsel, advocate, or
another parry;
Examine and copy any documents to be used by the family prior to the hearing;
Have its attorney present; and
Have staff persons and other wi messes familiar with the case present.
The Informal Hearing shall be conducted by the Hearing Officer appointed by the HA who is
neither the person who made or approved the decision, nor a subordinate of that person. The
HA appoints hearing officers who:
Are HA management
The hearing shall concel"ll Only the issues for wblch the family has received the opportUnity for
hearing. Evidence presented at the hearing may be considered without regard to admissibility
under the t'I.lles of evidence applicable to judicial proceedings.
No documents Illay be presented which have not been provided to the other party before the
hearing if requested by the other party. "Documents. includes records and regulations.
The Hearing Officer may ask the family for additional information anel/or might adjourn the
Hearing in order to reconvene at a later date. before reacbing a decision.
If the family misses an appoinanent or deadline ordered by the Hearing Officer, the action of
the HA shall take effect and another bewg will not be granted.
The Hearing Officer will detennine whether the action, inaction or decision of the HA is legal
in accordance with HUD regulations and this Administrative Plan basea upon the evidence and
testimony provided at the hearing. Factual determinations relating to the incllvidual
circumstances of the family will be based on a preponderance of the evidence presented at the
hearing.
3/1/97 AdminPlan
A notice of the Heartllg Findillgs shall be provided in writing to the HA and the family within
10 days and shall include:
A clear summary of the decision and reasons for lhe decision:
If the decision involves moncy owed. the amount owed: and
The date the decision goes intO effect.
The HA is not bound by hearing decisiol1S:
Wblch concern maners in which the HA is not required to provide an opportUIlicy for a
hearing
Wblch conflict with or cOlltradict to HUD regulatiol1S or requiremelllS:
Wblch confliCt with or contradict Federal, State or local laws: or
Wllich exceed the authority of the person conducting the hearing,
The HA shall send a letter to the participant if It determines the HA is not bound by the
Hearing Officer's determination withi.l110 clays. The letter shall include lhe HA's reasons for
the decision.
All requests for a hearing, supporting documentation. and a copy of the fi.11al decision will be
retained in the family's flie,
Assistance to the family may llot be delayed, denied or terminated onlhe basis of i.mmigration
statuS at any time prior to the receipt of the decision on the INS appeal.
Assistance to a family IlIay nOt be terminated or denied while the HA hearing is pending but
assistance to an applicant may be delayed pending the HA hearing,
Ji"'S DetertninatioD of lnelll!ibilitv
If a family member claims to be an eligible immigrant and the INS SAVE system and IIlanual
search do not verify the claim. the HA llotifies the applicant or participant within ten days of
their right to appeal to the INS within thirty days or to request an informal hearing with the
Hi\. either in lieu of or subsequent to the l:-lS appeal.ÿ
3/1/97 Admi1lPlan
If the family appeals to tile II'S. tbev must give tile HA a copy of lI1e appeal and proof of
maili.og or thc HA may proceed to deny or termwate. The time period to request iII1 appeal
may be extended by the HA for good cause.
The request for an HA bewl! must be made w1tbin fourteen days of receipt of the nodce
offering the hearing or, if an appeal was made to the INS. witbln founeett days of receipt of
that notice.
After receipt of a request for an Informal hearing. the hewI Is conducted as described Ln
secdon 0 of this chapter for both applicants and panlclpants. If the bearing officer decides that
the individual is not eligible, anti there are no other eligible family members the HA will:
Deny the applicant family
Defer rcnnlnadon if the family is a participant and qualifies for deferral
Terminate the participant if the family does nOt qualify for deferral
If there are eligible members in the family, the HA will offer to prorate assistill1ce or give the
family the option to remove the ineligible members,
All other complaints related to eligible citizenlimmlgrilDt status:
If any family member fails to provide documentation or certification as required by the
regulation, that member is treated as ineligible. If all family members fail to provide.
the family will be denied or terminated for failure to provide.
Participants whose termination is carried out after temporill}' deferral may not request a
hearing since mey had ilD opportUIlity for a bearing prior to the termination.
ParticipantS whose assistance is pro-rated (either based on their statement that some
members are ineligible or due to failure to verify eligible immigration status for some
members after exerciSing their appeal and bearing rights described above) are entitled
to a hearing based on the right to a hearing regarding clctermi.oations of tcnant rent and
Total Tenant Parmetlt.
Families denied or terminated for fraud in connection with the non-citizeQS rule arc
etltitled to a review or hearing in the same way as terminatiotlS for aIlY other type of
fraud.
3/1/97 Adm.i.o.Plan
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TAMMY BOYD.
Appellant.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
V.
NO. 98-
cIVIL TERM
THE HOUSING AUTHORITY OF
CUMBERLAND COUNTY,
Respondent
APPEAL FROM LOCAL AGENCY
DETERMINATION
~,EELD.~vILIN ,SUPPORT OF_PETITION
EQB.,LE~VE_TO PROCEED IN FORMA PAUpERIS
1. I am the appellant in the above matte~ and because of my
financial conditlon am unable to pay the fees and costs of
p~osecuting, defending, o~ appealing the action o~ p~oceeding.
2. I am unable to obtain funds f~om anyone, including my
family and associates, to pay the costs of litigation.
3. I ~ep~esent that the info~mation below ~elating to my
ability to pay the fees and costs is t~ue and co~~ect.
(a) Name:
Tammy Boyd
Add ~e ss : _,_:U,,9 Thir:(;LJ~,treeb_.P-.PJ:..'.-J
Enola, PA 17025
Social Secu~ity Numbe~: ___AlJi-8ji-3'l?_9_,
(bl If you a~e p~esently employed, state
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Employe~: _____L'KQ~_~~V-Lll~
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Add~ess :_,.._5_?.9_5._I;,.a"sJ:.___Sj mpson Fe~~y Rd.
_____Mech<!,nics.,b..!l.!:"..9J PA 17055
Sala~y o~ wages pe~ month: __~Q..OOJmonth (net)
Type of wo~k: .___Rest.?uLant__c..?t!l.!:" i nq
If you a~e p~esently unemployed. state
Date of last employment:
TAMMY BOYD,
Appellant
v.
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 98-6323 CIVIL TERM
THE HOUSING AUTHORITY OF
CUMBERLAND COUNTY,
Respondent
APPEAL FROM LOCAL AGENCY
DETERMINATION
ACCEPTANCE OF SERVICE
I accept service of the Order and Petition for Appeal in the
above-captioned matter on behalf of The Housing Authority of
Cumberland County, and certify that I am authorized to do so.
1I/lflt1~
Oat
~Houston
Attorney-at-Law
52 W. Pomfret Street
Carlisle, PA 17013
(717) 241-5970
CUMBERLAND COUNTY, PENNSYLVANIA
v,
NO. 98-6323 CIVIL TERM
THE HOUSING AUTHORITY OF
CUMBERLAND COUNTY,
Respondent
APPEAL FROM LOCAL AGENCY
DETERMINATION
QB.~
AND NOW, this 22.,Aday of November, 1998, pursuant to the
attached Stipulation of Counsel, it is hereby ORDERED as follows:
l. A hearing on the Petition for Appeal filed in this
matter, on the issue of whether Respondent should be required to
conduct an informal hearing before determining whether to
terminate Appellant from the Section 8 Moderate Rehabilitation
Program, is scheduled for the 15~ day of
, 1992,
at /: 3{)
~.m., in Courtroom No. -L- of the
and County
Courthouse.
2. A supersedeas of Respondent's decision terminating
Appellant's rental assistance payments effective November 30,
1998, is granted pending this hea~tng. 11,c. FQJ'ttIlJ}' 6fihc. Q)Jcr
dZtc 1 N6V ,.2. l 'j 'l.d dc.2-ll"'~ "".it, -ff" l.s.::.uc. J 2. S-.lfoscdC?;) S
_ d 'd" I ~ By....THE COURT,
\ ~ \J":> c.. :2:'t'C
Philip C. Briganti, Esquire
Counsel for Appellant
Christopher C. Houston, Esquire
Counsel for Respondent
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A!./
TAMMY BOYD,
Appellant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO, 98-6323 CIVIL TERM
THE HOUSING AUTHORITY OF
CUMBERLAND COUNTY,
Respondent
APPEAL FROM LOCAL AGENCY
DETERMINATION
STIPULATION OF COUNSEL
..
";..'
COME NOW the parties in the above-captioned case, by
counsel, and stipUlate that:
l. A hearing may be scheduled on the Petition for Appeal
filed in this matter, on the issue of whether Respondent should
be required to conduct an informal hearing before determining
whether Appellant should be terminated from the Section 8
Moderate Rehabilitation Program; and
2. A supersedeas of Respondent's decision terminating
Appellant's rental assistance payments effective November 30,
1998, may be granted pending this hearing.
WHEREFORE, the parties request that an Order be entered by
the Court in accordance with the foregoing terms.
//-,)d- f'~
Date
Philip
COUNSEL
(tlJ.O!1~
Date I I
~,
Christopher C. Houston
COUNSEL FOR RESPONDENT
Boyd Anewer/ll.3S.98/12,1.98
Appellant
IN TilE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
TAMMY BOYD,
v
NO. 98-6323 CIVIL TERM
THE HOUSING AUTHORITY OF
CUMBERLAND COUNTY,
Respondent
APPEAL FROM LOCAL AGENCY
DETERMINATION
RESPONDENT'S ANSWER TO PETITION FOR APPEAL FROM
DETERMINATION OF THE HOUSING AUTHORITY OF CUMBERLAND COUNTY
TERMINATING APPELLANT FROM RENTAL ASSISTANCE PROGRAM
AND NOW, comes the Respondent, Housing Authority of Cumberland
County, who answers as follows:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted.
7. Admitted. By way of further answer, the referenced letter was
mailed via both first class regular mail and certified mail,
return receipt requested, with the certified mail having been
returned to the Authority marked unclaimed.
8.
Denied.
Ms. Boyd was in violation of her Lease Agreement
dated February 25, 1998, more specifically Paragraph 3 thereof
which provided that "Resident agrees to use the apartment only
as the personal residence of Resident and their children, not
to assign this Lease or sublet the apartment. .." and Ms. Boyd
was in violation of the family obligations under the Statement
of Financial Responsibility for the Section 8 Moderate
Rehabilitation Program by permitting additional persons to
live in her unit.
9. After reasonable investigation, the Respondent is without
knowledge or information sufficient to form a belief as to the
truth of the averments of Paragraph 9 and they are, therefore,
deemed to be denied.
10. Admitted in part and denied in part. It is admitted that on
October 13, 1998 Ms. Boyd telephoned Ms. Newcomer to indicate
that she disagreed with the Housing Authority's decision and
that she wished to appeal.
It is further admitted that Ms.
Newcomer told Ms. Boyd that she would have five (5) business
days to appeal and that she had until October 15, 1998, to
appeal. It is also admitted that Ms. Boyd was told that the
appeal had to be in writing. It is denied that the averments
of Paragraph 10 specifically set forth the substance of the
entire conversation between Ms. Boyd and Ms. Newcomer. By way
of further answer, Ms. Newcomer specifically advised Ms. Boyd
that the Housing Authority would have to receive a written
appeal from Ms. Boyd in their office by the close of business
on October 15, 1998. This gave Ms. Boyd, in essence, a two
(2) day extension to file an appeal. Ms. Boyd indicated to
Ms. Newcomer that she would get the appeal in the mail that
very same day, being October 13, which if done, would have met
the requirements of the October 8 letter, indicating that an
appeal would have to be made within five (5) days of the date
of the letter.
11. Admitted in part and denied in part. It is admitted that Ms.
Boyd mailed a letter to the Housing Authority postmarked
October 15, 1998, indicating that she was appealing the
.'
Housing
Authority's
decision
terminating
her
rental
assistance. It is specifically denied that the mailing of the
letter to the Housing Authority on October 15, 1998, would
have been in reliance upon any instructions or information
provided to Ms. Boyd from Ms. Newcomer.
By way of further
answer, Ms, Newcomer specifically told Ms. Boyd in her
conversation with her that a written appeal request would have
to be received in the Housing Authority's office no later than
the close of business on October 15, 1998.
12. Admitted.
13. Admitted.
14. Admitted.
15. Admitted.
16. Admitted.
17. Denied. The Housing Authority specifically denies that Ms.
Boyd's appeal was filed in a timely manner or that she was
improperly denied an informal hearing.
a. Denied. It is specifically denied that Ms. Boyd's letter
appealing the Housing Authority's decision was done in
compliance with the Housing Authority's letter of October
8, 1998. The letter speaks for itself. By way of further
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11
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answer, Ms. Boyd was specifically advised by Ms. Newcomer
that the written appeal had to be received in the Housing
Authority's office no later than the close of business on
October 15, 1998, thereby giving Ms. Boyd a two (2) day
extension within which to file an appeal.
b.
Denied.
It is specifically denied that the receipt of
the Housing Authority's decision on October 16, 1998, was
within five (5) business days of the termination notice,
The Housing Authority is not closed for the Columbus Day
holiday and, therefore, five (5) business days from
October 8, 1998, was the close of business on October 15,
1998.
c. Denied, It is specifically denied that the letter from
Bette Newcomer did not properly or clearly set forth the
procedure for appealing the Housing Authority's decision
or that any ambiguity should be construed in favor of Ms.
Boyd. By way of further answer, the letter to Ms. Boyd
specifically stated therein that if there were any
questions that Ms. Boyd could contact the Housing
Authority office, which she in turn did by telephone.
Ms. Boyd was specifically told the procedure to follow,
ther~by clarifying for Ms, Boyd any possible ambiguities,
Despite these clear instructions the appeal was not
timely made.
18. The averments of Paragraph 18 set forth legal conclusions to
which no response is required. To the extent that a response
is required, the averments of Paragraph 18 are specifically
denied. The five (5) day deadline to appeal the decisions for
terminations of the Housing Authority's Rental Assistance
Program do give participants a reasonable opportunity to be
heard and is not in violation of the due process rights under
the United States and Pennsylvania Constitutions, the United
States Housing Act, or the Housing Authority's Administrative
Plan,
19. Denied. It is specifically denied that there was a strong
likelihood will succeed on the merits of her claim. By way of
further answer, the Housing Authority has verified Ms. Boyd's
violation of the family obligations by permitting others to
occupy her housing unit.
20. After reasonable investigation, the Housing Authority is
without knowledge or information sufficient to form a belief
as to the truth of the averments of Paragraph 20 and they are,
therefore, deemed to be denied.
21. After reasonable investigation, the Housing Authority is
without knowledge or information sufficient to form a belief
as to the truth of the averments of Paragraph 21 and they are,
therefore, deemed to be denied. By way of further answer, the
parties have stipulated to a supersedeas pending a hearing in
this matter,
22. Admitted,